' [ A copy of this volume will be furnished to the Clerk and Treasurer of each Board of 
Education, the Clerk of each Sub-district, the Clerk of each Board of School Examiners, and 
to each County Officer having duties to discharge under the school law, to be used by him 
during his term of office, and at the expiration thereof to be delivered to his successor, J * 



OHIO SCHOOL LAWS. 



JLIsT ^OT 



FOR THE 



REORGANIZATION AND MAINTENANCE 



OF 



CO>i.>IOX ;^CSOOI<^. 



Fassed JVIay 1, 18^3, Revised IMay, IS'TS, 



AS AMENDED BY THE SIXTY-FIEST GENERAL ASSEMBLY. 



COLUMBUS: 

NEVINS AND MYERS, STATE PRINTERS. 

1875. 



' o^^^^^^y a L-<)uUaJX^ , J8><^-C^ 



OHIO SCHOOL LAWS. 



AN ACT 



.EORGANIZATION AND MAINTENANCE 



COMMON" SCHOOLS, 



Passed May 1, 1873, Rktised Mat, 1875. 



AS AMENDED BY THE SIXTY- FIRST GENERAL ASSEMBLY. 



COLUMBUS : 
NEVINS & MYEBS, STATE PEI]!^TBES. 

1875. 



.(Dz 
/87<r 



W* 3 tern 'Kes ©rvc H j'st. ^06( elv 

^2 i9U 



OHIO SCHOOL LAWS. 



A:Nr ACT 



For the reorganization and maintenance of Common 

Schools. 

CHAPTER I. 



CLASSIFICATION OF SCHOOL DISTRICTS. 

Section 1. Be it enacted by the General Assembly of the 
State of Ohio, That the state is hereby divided into school 
districts, to be styled respectively city districts of the first 
class, city districts of the second class, village districts, 
special districts, and township districts. 

Sec. 2. Each city having a population of ten thousand or 
more by the census of 1870, including the territory attached 
to it for school purposes, and excluding any territory within 
its corporate limits detached for school purposes, is hereby 
constituted a school district to be styled a city district of the 
first class. 

Sec. 3. Each city of the second class, having a popula- 
tion of less than ten thousand inhabitants by the census of 
1870, including the territory attached to it for school pur- 
poses, and excluding the territory within its corporate limits 
detached for school purposes, is hereby constituted a school 
district to be styled a city district of the second class. 

Sec. 4. Bach incorporated village, including the territory 
attached to it for school purposes, and excluding the territory 
within its corporate limits detached for school purposes, is 
hereby constituted a school district to be styled a village 
district. 

Sec. 5. Municipal corporations hereafter cxeated or ad- 
vanced to a higher grade, shall, from and after their creation 
and advancement, be school districts corresponding to their 
grade as above provided. 

Sec. 6. Any school district now existing, other than those 
mentioned in the s^^cond, third, fourth and seventh sections 
of this act, which has been established by a vote of the peo- 
ple in accordance with any act of the general assembly, or 
which has been established by a general or local act of the 
general assembly, is hereby constituted a school district to 
be styled a special district. 

Sec. 7. Each and every organized township, exclusive of 
any of its territory included ia any city, village, or special 
district, shall constitute a school district to be styled a town- 
ship district. 



Different kinds 
of school dis- 
tricts. 



What consti- 
tutes a city dis- 
trict of the first 

class. 



WTiat consti- 
tutes a city dis- 
trict of the 
second class. 



Village dis- 
tricts. 



Municipal cor- 
porations here- 
after created or 
advanced to be 
school districts 
as above provi- 
ded. 

All other school 
districts to be 
styled speciai 
districts. 



Every organ- 
ized township 
constitutes a 
township dis- 
trict. 



Sub-districts of 
townships re- 
maia as liereto- 
fore. 



Sec. 8. The several sub districts and joint sub-districts 
now existing within any township district shall coutiHue, 
according to their respective boundaries, to be snb-distrtcts 
or joint sub-districts thereof, subject to the provisions of this 
act. 



OHAPTEE II. 



CITY SCHOOL DISTRICTS OF THE FIUST GLASS. 



Number of 
members of 
boards of edu 
cation in city 
districts of "tke 
first class. 

Members of tbe 
board to be 
electors of the 
district. 



[Supplemented 
March 30, 1874. 
See page 52.] 

Board of educa- 
tion authorized 
to determine 
whether there 
shall be two 
members for 
each ward. 

How chosen 
and length of 
term. 

Board ©f educa- 
tion shall inves- 
tigate and ad- 
just limits of 
districts. 



Where there are 
two members 
to each ward, 
how elected. 



Terms of office. 



Electors in the 
district but not 
in any ward, 
where to vote. 



Sec. 9. The board of education of each city district of the 
first class shall consist of as many members as the city has 
wards, provided such district, at the time of the passage of 
this set, shall be organized undrr a general or local act 
requiring said board to be so constituted ; otherwise the said 
board shall consist of twice as many members as the city has 
wards. The members of the board of education in a city dis- 
trict of the first class shall be residents of the district, and 
have the qualifications of electors therein. 

Sec. 10. The board of education of any city district of the 
first claltes, consisting of one member for each ^^ard, are hereby 
empowered to decide by a vote of a majority of the members 
of said board, that said board shall consist of twice as many 
members as the city has wards; and in case said board shall, 
so decide, they shall proceed to choose one member lor each 
ward, who shail be residents of the district, and the members 
shall hold their office until the next annual election, and until 
their successors are elected and qualified ; and thereafter one 
member of the board of education shall beeljected annually 
for each ward, as provided in section eleven of this act. And 
it shall be the duty of said board, as soon as they are organ- 
ized under the provisions of this act, to ascertain whether 
the corporate limits are co-extensive with the limits of the 
said school district ; and in case said school district includes 
territory without the corporate limits, then said board is 
hereby required ro make or cause to be made a plat of said 
territory so attached for school purposes, designating thereon 
by metes and bounds the ward or wards to which said terri- 
tory for school purposes is to be thereafter attached ; which 
plat is to be recorded as a part of the proceedings of said 
board. 

Sec. 11. At every annual election of city ofiflcers in each 
city confstituted a cify district of the first class by this act, 
there shall be elected in each ward of said city by the quali- 
fied electors thereof, one judicious and competent person to 
serve as a member of the board of education of such city dis- 
trict for two years from the third Monday in April succeed- 
ing his election, and until his successor shall be elected and 
qualified ; Pro\ided, that any elector residing in the city 
district, but not in any ward of the city, shall be entirld to 
vote in the ward to which he is attached by the board of 
education for school purpose's, and that any elector residing 
in the city, but not in the city district, shall not be entitled 
to vote at any election provided for in this section ; provided 



farther, that in each city district of the first class, in which 
the board of education consists of as manj members as the 
city has wards, tha election of members of the board of edu- 
cation in each ward shall be biennial ; the election in wards 
designated by odd numbers shall be in a year designated by 
an odd number, and the election in wards designated by even 
numbers shall be in a year designated by an even number. 

Ssc. 12. It shall be the duty of the judges and clerks of 
city elections, in the wards to which any territory beyond the 
city limits h ss been atcached by the board of education for 
school purposes to have two separate ballot boxes and two 
sets of poll-b;)oks. The electors resiciiug on such attached 
territory are hereby authorized to vote at all regular and 
special elections of such wards when members of the board 
of education are to be elected, provided, however, that such 
electors are to vote only for members of the board of educa- 
tion ; and the judges of said elections in such wards are 
hereby required to receive the ballots of the electors so 
residing on such attached territory, and deposit them in the 
ballot-box so provided for that purpose; and it is hereby 
made the duty of the clerks of said election to enter upon the 
separate poll-books provided for that purpose the names of 
such electors so voting for the members of the board of edu- 
cation. Said judges and clerks shall make due returns of 
such elections as provided by section thirteen of this act. 

Sec. 13. The election provided for in section eleven shall 
be conducted by the judges and clerks of the city elections, 
and they shall make returns of such election to the board of 
education within five days from the time of holding su^h 
election. 

Sec. 14. The board of education shall hold regular meet- 
ings once every two weeks, and such special meetings as they 
may deem necessary; they shall have power to fill all vacan- 
cies that may occur in their own body until the next annual 
election ; and shall have power to make such rules and regu- 
lations for their own governmeat as they may deem neces- 
sary ; provided such rules aud regulations are consistent with 
the constitution and laws of the state. 

Sec. 15. A city district of the first class, having a popu- 
lation of less than twenty thousand inhabitants by the census 
of 1870, for the first time electing members of the board 
of education by wards, shall,' at the first municipal election 
after the passage of this act, elect such members in the man- 
ner following : The qualified electors, resident in such district, 
shall, in the manner provided in section eleven of this act, 
elect one member of the board of education for each ward of 
said city, who shall serve for one year, and until his successor 
is elected and qualified, and one member who shall serve for 
two years as aforesaid, which time of service shall be re- 
spectively written or printed on each ballot cast ; and annu- 
ally thereafter there shall be elected in said city one member 
of the board of education for each ward, who shall serve for 
two years, and until his successor is elected and qualified. 



Electors of the 
city but not 
of the district, 
where to vote. 

"Where there is 
one member for 
*ach ward, how 
elected. 



Separate ballot- 
boxes and poll- 
books to be pro- 
vided for elec- 
tors residing 
outside of city 
limits, etc. 



Elections under 
sec. 11, how con- 
ducted and re- 
tm'na made. 



Boards of edu- 
cation to hold 
regular meet- 
ings, etc. 



Power to make 
rules and regu- 
lations. 



Eirst election of 
certain city dis- 
tricts, how held. 



6 



Nnmber'of 
members of 
board of edu- 
cation [of city 
districts of tue 
second class. 



Of bow many 
members the 
board shall 
consist. 



Members of the 
board of edviea- 
tion, how elect- 
ed. 



Elections in 
cases where as 
many members 
are to be elect- 
ed as there are 
wards 



Notice of meet- 
ing, how given. 



CHAPTEE III. 

CITY DISTRICTS OF THE SECOND CLASS AND VILLAGE DIS- 

TEICTS. 

Sec. 16. The board of education of each city district of 
the second class, and of each village district, shall consist of 
three or six persons, as hereinafter provided, who shall be 
residents of the city district or village district, as the case 
may be, and who shall have the qualifications of electors 
therein. 

Sec. 17. The board of education of each city district of 
the second class, and of each village district, shall consist of 
three members, provided such district at the time of the pas- 
sage t)f this act is organized under a general or local act 
requiring said board to be so constituted ; otherwise the said 
board shall consist of six members : Provided, that the board 
of education of each city district of the second class are 
hereby empowered to decide by a vote of a majority of the 
members of said board, that said board shall consist of as 
many members as the city has wards. 

Sec. 18. On the first Monday in April, annually, there 
shall be held between the hours of six o'clock in the forenoon, 
and six o'clock in the afternoon, at the usual place of holding 
school meetings in each city district of the second class and 
in each village district, a meeting of the qualified electors 
resident within the limits of the district, who, when assem- 
bled, shall organize by the appointment of a chairman and 
secretary, and shall then choose by ballot, two competent and 
judicious persons, to serve as members of the board of edu- 
cation for the term of three years from the third Monday of 
April, succeeding their election, and until their successors 
are elected and qualified ; provided, that in case the board 
of education consists of three members, one person shall be 
elected to serve as aforesaid ; provided, that in case the board 
of education of a city district of the second class decide that 
said board of education shall consist: of as many members as 
the city has wards, there shall be elected biennially in each 
ward as provided in the eleventh, twelfth and thirteenth sec- 
tions of this act, one competent and judicious person to serve 
as a member of the board of education for the term of two 
years from the second Monday succeeding his election, and 
until his successor is elected and qualified ; provided further, 
that at the first election held under this act one person shall 
be elected for each ward designated by an odd number, who 
shall serve for one year, or until his successor is elected and 
qualified. 

Sec. 19. The clerk of the board of education of each city 
district of the second class, and of each village district, shall 
publish a notice of the meeting provided for in the preced- 
ing section, in a newspaper of general circulation in the dis- 
trict, or poist written notices of such meeting in five of the 
most public places in the district, at least ten days before 
the holding of the same, in which notice or notices the time 
and place of the meeting and the number of members to be 
elected shaU be sp©cifie«l. 



Sec, 20. The secretary of the meeting or clerks of the 
election orovided for in sectiou eighteen of this act, shall 
keep a poll book and tally-sheet, and shall return within five 
days alter the election, to the clerk of the board of education 
of the district, said poll book and tally-sheet duly certified. 

Sec. 21. Whenever the electors of any city district; of the 
second class, or any village district, whose board of educa 
tion consists of three members, desire that said board shall 
consist of six members, they may make such change in the 
manner following: Written or printed notices shall be 
posted in at least five of the most public places in such dis- 
trict, signed by a majority of the members of the board of 
education, or by one member of said board and at least ten 
resident electors of such district, requesting the qualified 
electors of such district to assemble on a day and at an hour 
and place designated in said notices, which notices shall be 
posted at least ten days prior to the day designated in them, 
then and there to vote for or against such change. The 
electors assembled at the time and place designated in said 
notices, shall appont a chairman and two clerks, who shall 
be judges of said election. The electors in favor of the pro- 
posed change shall have written or printed upon their bal- 
lots the words " Board— Change," and those opposed thereto 
the words " Board — No Change," and the ballots so cast shall 
determine the question whether the said change shall be 
made. Said judges shall make due return of said election 
to the board of education of said district, within ten days 
after the holding of the same; and if a majority of the votes 
east shall be foujd to be in favor of said change, three addi- 
tional members of said board of education shall be chosen 
at the next annual el«^ction of school officers, one to serve 
for one year, one for two years, one for three years, and an- 
nually thereafter two members of the board of education of 
such district shall be chosen to serve for three years, as pro- 
vided in section eishteen of this act. 



Secretary to 
keep poll-booik 
and tally-sheet. 



[Supplemented 
by act passed 
March 30, 1874. 
See page 52. J 



Certain boards 
of education 
may change 
from three to 
six members. 



Election, how 
held. 



CHAPTER IV. 



SPECIAL DISTRICTS. 



Sec. 22. The board of education of each special district 
shall consist of three members, who shall be residents of the 
district and have the qualiflcations of electors therein. 

Sec. 23. There shall be elected annually, by ballot, on the 
second Monday in April, in each speoiaj district, by the quali- 
fied electors thereof, at the usu?J time and place of hoidiag 
school elections in such district, one judicious andcompatent 
person to serve as member of the board of education for 
three years from the first Monday suooeeding his election, 
and until his successor is elected and qualified, 
. Sec. 24. The election provided for in the preceding sec- 



Boards of edu- 
cation shall 
consist of three 
members. 

[As amended 
March 30, 1874. 

Election of 
members of 
board of edu- 
cation. 



[As amended 
March 30, 1874.-1 



8 



How long polls 
to be kept 
open ; notice of 
lection to be 
posted, etc. 



[As ate ended 
March 30, 1874.J 



Organization of 
special dis- 
tricts ; how 
abandoned, etc. 



Keturn of elec* 
tion, etc. 



School funds to 
be transferred 
to custody of 
the township 
board. 



tion shall uot eontinue for a less time than two hours, and it 
shall be the duty of the clerii of each special school district 
to post up written or printed notices in three or more con- 
spicuous places in said' district, at least six days prior to the 
day of ekction, designating the day and the hoar of open- 
ing and closing said election. The election shall proceed in 
the same manner as provided for in auction eighteen of this act. 
Sec. 25. Whenever the electors of any special district 
desire to abandon their organization, and become a part of 
tlie township district of the township in which such special 
district is located, they may make such change in the manner 
following : Written or printed notices shall be posted in at 
least five of the most public places in said special districts, 
signed by a majority of the members of the board of educa- 
tion, or one of the board and at least six resident electors of 
such special district, requesting the qualified electors thereof 
to asemble on a day and at an hour and place designated m 
said notices, which notices shall be posted at least ten days 
prior to the day designated in them, then and there to vote 
for or against said change. The electors assembled at the 
time and place designated in said notices shall appoint a 
cbaiimau and two clerks, who shall be judges of said election, 
which shall continue for at least two hours. The electors in 
favor of the proposed change shall have written or printed 
upon their ballots the words " Hchool — Change," and those 
opposed thereto ihe words "School — No change;" and a 
majority of the ballots so cast shall determine the question 
whether said change shall be made. Said judges shall make 
due return of such election io the board of education of said 
special distiict within five days after hoMing the same; and 
if a majority of the votes cast shall be found, to be in favor 
of said change, said special district board shall immediately 
certify this fact to the proper township board, who shall at 
once assume jurisdiction of all the territory of said special 
district as a parti of the township district, when said special 
district shall cease to exist ; and it is hereby made the duty 
of all officers of said special district, having custody of any 
of its school funds or property, to transfer said custody to 
said township board ; and the offices of said ofificeis so sur- 
rendering their trusts are hereby abolished, so far as the 
same may relate to the special district so ceasing to exist : 
Provided, that the members of the board of education of said 
special district shall be local directors of the sub-districc so 
created, each to serve the remainder of the term for whicQ 
he shall have been elected to said special district board. 



CHAPTEE V. 



TOWNSHIP DISTRICTS. 



Sec, 26. The board of education of each township dis- 
trict shall consist of the township clerk and the local direc- 
won^of whom*'^" tors who havo been appointed clerks of the sub-districts in 
Gomposed. said towHshlp ; provided that the board of education of a 



9 



township district, which is not divided into sub- districts, shall 
consist of the township cleik and thw local directors of the 
district; and the board of education of a township district 
which is composed of not more than two sub-districts, shall, 
consist of the township clerk and the local directors of the 
two sub districts- The clerk of the township shall be clerk 
of the board, but shall not be entitled to a vote. 

Sec. 27. There shall be elected by ballot on the second 
Monday of April annually, by the qualified electors thereof, 
in each sub-district, one competent person having the quali- 
fications of an elector therein, to be styled local director, 
who shall hold his office for three years from the first Monday 
succeeding his election and until his successor is elected and 
qualified. Said local director, within five days after his elec- 
tion, s.hall take an oath or affirmation to support the consti- 
tution of the United States and that of the state of Ohio, 
and faithfully and impartially to discharge the duties of his 
office, which oath ©r affirmation may be administered by any 
local director of any sub-district of the township, or by the 
clerk thereof; and it shall be the duty of the clerk of each 
sub-district to post up written or printed notices in three or 
more conspicuous places in their respective sub-districts, at 
least six days prior to the day of election, desiguating the 
day and hour of opening and the hour of closing said elec- 
tion. 

Sec. 28. The election required to be held in a sub-district, 
shall be at a meeting held at the usual place of holding 
school meetings in such sub-district or township district 
which is not divided into sub-districts. The meeting shall 
'b6 organized by appointing a chairman and a secretary who 
shall act as judges of the election. The secretary shall keep 
a poll-book and tally-sheet, which sh.dl be signed by the 
ju<!ges and delivered within five days to the clerk of the 
towiiship. It shall oe the duty of the local directors, two of 
whom shall constitute a quorum, to meet within five days 
after the second Monday of April of each year, at such place 
as may be most convenient in the sub-district, and organize 
by appointing one of their number clerk of the sub district, 
who shall preside at the official meetings of the local direc- 
tors, and record their proceedings in a book provided for 
that purpose, together with the minutes of the proceedings 
of the annual school meetings held in the sub-district by the 
qualified electors thereof, which shall be a public record ; 
and all such proceedings when so recorded, shall be signed 
by the clerk of the proper sub-district. The local directors 
may meet as frequently as they may think necessary for the 
transaction of business, and fill any vacancies in the office 
of clerk which may occur in the sub district; or in case of 
his ab&ence either of the other directors may officiate tem- 
porarily in his place: Provided, that no business shall be 
transacted at a meeting, due notice of which has not been 
given to each of the local directors of the sub-district, either 
personally or by a written notice left at his residence or usual 
place of business. 



Township 
clerk to be 
clerk of board. 



[As amended 
Marcli 6,1874.] 

Local directors, 
how and by 
whom elected. 



Must take oath 
of office. 



Notices of elec- 
tion to be post- 
ed by clerk. 



Election to be 
held in sub-dis- 
tricts to be at 
the usual place 
of holding 
school meet- 



Clerk, how 
elected and his 
duties. 



Local directors 
to be notified of 
all business 
meetings. 



10 



d of ednca- 
tion to organize 
annually. 



Township clerk 
ex-offlcio clerk 
of the board. 



Special meeting 
rf electors. 



Vacancies, how 
filled, after fail- 
Tire to elect. 



Regular ses- 
sions of town- 
ship boards. 



Have power to 
adjourn or hold 
special meet- 
ings. 

Special meet- 
ings, how 
called. 



Contracts must 
be made at a 
regular meet- 
mg. 



jAs amended 
March 3, 1875.; 

Map of town- 
ship. 



Sec, 29. The board of education of eacb township shall 
organize on the third Monday of April of each year by 
appointing one of their number president, and in case of 
absence of the township clerk, who shall be ex-officio clerk 
of the board, by also appointing one of tbeir number clerk 
pro tempore, who shall record their proceedings in a book 
provided for the purpose, which shall be a y>ublic record; p.nd 
all such proceedings when so recorded shall be signed by the 
clerk and president. 

Sec. 30. If' the qualified electors of any sub-district shall 
fail to meet and elect a local director on the second Monday 
of April in any one year, as prescribed in section twenty- 
seven of this act, or if at any time a vacancy shall occur in 
the board of local directors, it shall be lawful for any three 
qualified electors of such sub-district to call a special meet- 
ing of the electors of such sub district within ten days after 
such failure to elect, or the occurrence of such vacancy, for the 
purpose of electing a local director on first, giving five days 
notice in writing of the time and place of holding such meet- 
ing by posting the same in three of the most public places in 
such sub-district, and the local director so elected at such 
special meeting shall hold his office for the unexpired term to 
be filled, and until his successor is elected and qualified, and 
if there shall be a failure to hold such general or special elec- 
tion, as provided for in this section, then it shall be the duty 
of the township clerk to appoint some suitable resident of 
said sub district to act as local director until the next election 
and until his successor is elected and qualified. 

Sec. 31. It shall be the duty of the township board of 
education to hold regular sessions on the third Monday of 
April and on the third Monday of September in each year, 
in the usual place of holding township elections, or at such 
place in the immediate neighborhood as may be convenient 
for the transaction of any business which may be necessary 
in relation to any one of the schools of the township district, 
with power to adjourn from time to time, or to hold special 
meetings at any other time and place within the township as 
they may think desirable for the transaction of business as 
aforesaid ; which special meetings may be called by the town- 
ship clerk, by the president of the board or by two or more 
members of the board, each member of the board being duly 
notified personally or by a written notice left at his residen€e 
or usual place of business ; and at all such meetings, in case 
of the absence of the township clerk, they may appoint one 
of their own number to Kcrve temporarily as clerk, and no 
contract shall be binding upon any board of education unless 
such contract shall have been made or authorized to be made 
at a regular or special meeting of said board. 

Sec. 32. The said board shall prepare or cause to be pre- 
pared, a map of their township as often as they deem neces- 
sary, on which shall be designated the sub-districts of the 
township, which they may change or alter at any regular 
session, and the number assigned to each ; but no sub-dis- 



11 



triet shall contain less than sixty resident scholars by enu- 
meration, except iu cases where, in the opinion of the board 
or General Assembly, it is necessary to reduce the number ; 
whenever the board of education of any township district 
shall consolidate two or mv^re sub districts, to form a new 
sub-district, or the G-eaeral Assembly shall make a new sub- 
district, said board shall call a special meeting of the quali 
fled electors resident in said new sub-district, for the pur- 
pose of electing three local directors for the same ; at least 
five days before the time fixed for said meeting said board 
shall post, in three of the most public places in said new 
sub district, written or printed notices, stating the time, 
place, and object of holding said meeting; the election at 
such special meeting shall be conducted as provided in sec- 
tions twenty-seven and twenty-eight of this act; Provided, 
that three local directors shall be elected, one to serve for 
one year, one to serve for two years, and one to serve for 
three years Jrom the annual election next preceding the or- 
ganization of said new sub district; and that the terms of 
office of the local directors of the sub districts so co: soli- 
dated or made shall expire at the time such new district 
shall have been created ; and any sub district which may be 
made or established by a general or local act of the General 
Assembly, shall be governed by the provisions of this act, 
except that it cannot be changed, altered or consolidated by 
the board of education until after the expiration of three 
years after it has been so made or established. 

Seg. 33. It shall be the duty of the local director, wbo 
has been elected clerk in each siib-district,to take or cause to 
be taken annually, according to the provisions of section 
seventy-seven of this act, between the first and third Mon- 
days of September, an enumeration of youth resident within 
such sub district, and return a certified copy thereof to the 
clerk of the said township district, and in case any such local 
director shall fail to take and return the enumeration in his 
sub-disirict, it shall be the dury of the township cl« rk to em- 
ploy a competent person to take the same and allow him a 
reasonable compensation for his services, and to proceed to 
recover the amount so paid for such services in a civil action 
before any court having jurisdiction in the name of the state 
of Ohio against said local director ; and in such suits said 
clerk shall be a competent witness ; and the money so col- 
lected shall be applied to the use of common schools in the 
proper township ; provided, that in a township district ia 
which there is bat one sub- district the president of the board 
shall be required to take or cause to be taken the enumera- 
tion, as aforesaid, and to return the same to the township 
clerk. 

Sec. 34. Tha,t whenever the better accommodation of 
scholars makes it desirable to form a sub-district composed 
of parts of two or mora adjoining townships, by mutual 
agreement between the boards of education of such town- 
ships respectively, a transfer of territory for schooJ purposes 
may be made tt> the township in which the scliool-kouse o£ 



Size of snb-dis- 
tricts. 



Consolidation 
of sub-districts. 



Election of lo- 
cal directors. 



Government of 
new sub-dis- 
tricts. 



Enumeration 
of yeutli. 



In case of fail- 
ure, township 
clerk to employ 
a person to take 
emuneration. 



Joint sub-dis- 
trict, bow 
formed. 



12 



Local directors 
of joint sub- 
districts. 



Enumeration 
of, liow taken. 



School control- 
led by board of 
edtication of 
to-wnship in 
wliich the 
school-house 
is situated. 



[As amended 
March 17, 1875.] 



Joint sub-dis- 
trict, how 
changed or 
dissolved. 



Change of loca- 
tion, etc., of 
school-houses. 



such joint sub-district is or may be situated ; and the quali- 
fied elfctors resident within such joint sub district so com- 
posed shall, at the ssme time and iu the same manner as 
school elections are held in other sub districts, proceed to 
elect thiee local directors, ORe f.-.r the term of one year, one 
for the term of two years, and one for the term of three 
years, who shall have the f^arae powers, perfoim the same 
duties and be subject to the sp<me penalties as local directors 
in sub-districts; provided, that in taking the enumeration of 
youth, it shall be the duty of the local director who has been 
elected clerk in said joiat sub district to return a ct^Vtified 
copy of such enumeration to the clerk of the township in 
which the school- bouse is or may be sicuated, designating in 
each case the number of yoatfe, male and female, rs-sidiug in 
the respective parts of the several towfi ships so uuiced. 

Sec. 35. The school in such joiat sub-district shall be 
under the control of the board of education of the township 
in which the school boose is situated, of which board the 
local director who has been elected clerk of sai'l joint sub- 
district shall be a member; but such school ^hali be sup- 
ported from the school funds of the respective townships 
having territory in said joint sub district in proportion to the 
enumeration of youth; and the board of education having 
charge of said joint school, shall make the proper estimates 
of the share of expenses, estimated pro rata by enumeration 
of every kind necessary to snstain it, to be paid by each of 
the said townships so united, and shall certify such estimates 
to the auditor of the proper county, who shall add the same 
to the aonual estimates for school purposes made aod certi- 
fied by the boards of education of said townships respect- 
ively, and shall assess and collect the same as parts of such 
township estimates ; and at the time of distributing the 
school funds, the county auditor shall transfer from the ad- 
joiniug townships the amount assessed and collected for the 
support of said joint school to the township having control 
of said joint school, and certify to the clerk and treasurer of 
such township the amount doe to the same, including state 
tax, sale or rent of school lands, township tax, or from other 
sources. 

Sec. 36. 'No joint sub-district composed of the fractional 
parts of two or more towosbips which is now organized, or 
may hereafter be organized, shall be dissolved, changed or 
altered, unless by the concurrent action of the boards of ed- 
ucation of the several townships which may have territory 
included in such sub-district. In all sub-districts whenever 
it shall become necessary to rebuild, or for the better accom- 
modation of scholars to change the location of the school- 
house of any sub-district, the question of such rebuilding or 
change of location shall be determined by a majority vote of 
the board of local directors of such sub district, and in such 
manner as to secure the better accommodation of the larger 
number of scholars in the same, and the funds which may 
be or shall have been assessed and collected for the rebuild- 
ing of such school-house shall be transferred to the custody 



13 



of th6 board of education of the township in which such 
locAtiou shall have been raaide, and sucb board of education 
shall proceed in all matiens connected therewith in accord- 
ance with the provisiotiH of this act. And the personal prop- 
erty belonging to such sub district shall be transferred to the 
board of education of the township in which such new loca- 
tion is made, and the real property, should there be any be- 
longing to such joint sub district in the township from which 
said location was changed, shall be sold by the board of edu- 
cation of such township, and the proceeds arising from such 
sale shall be turned over to the board of edncatioji of the 
towuship in which said location chali have been made. In 
cases where any parts of such joint sub districts shall be in 
more than one county, the enumeration shall be made for 
each fraction, as provided in the seventy-seventh section of 
this act, and the assessment shall be made for each fraction, as 
providi^d in section thirty-five of this act, but returns of such 
assessment of taxes and enumeration of youth shall be made 
to the county auditois of the several counties interested of 
the amount belonging to such counties respectively, to be 
collected as above provided ; and when so collected the 
amount shall be certified by each county auditor to the clerk 
and treasurer of the township, or the school district having 
control of said school, and the amount shall be paid to the 
treasurer of such township or school district by each county 
respectively. 

CHAPTER VI. 



Eeturna of as- 
sessments and 
ennmeratiou, 
how made. 



PROVISIONS APPI^TING- TO ALL SCHOOL DISTRICTS. 

Sec. 37. The several boards of education of all school 
districts now organized and. established, and all school dis- 
tricts organized under the provisions of this act, shall be and 
they are hereby declared to be bodies politic and corporate,' 
and as such capable of suing and being sued, contracting 
and being contracted with, acquiring, holding, possessing 
and disposing of property, both real and personal, and taking 
and holding in trust for the use and benefit of such districts 
any grant or devise of land, and any donation or bequest of 
money or other personal property; and of exercising such 
other powersand having such other privileges as are conferred 
by this act ; provided, that whenever any board of education 
shall dispose of auy property, real or personal, held by said 
board in their corporate capacity, exceeding in value three 
hundred dollars, said board shall sell the same at public auc- 
tion after giving at least thirty days' notice thereof by publi-' 
cation in some newspaper of general circulation or by post- 
ing notices in five of the most public places in the district to 
which such property belongs. 

Sec 38 All conveyances made by a board of education 
shall be executed by the president and clerk thereof; and it 
shall be unlawful tor any member of such board to have any 
pecuniary interest either direct or indirect in any contract of 
of said board, or to oe employed in any manner for corn- 



Boards of edu- 
cation ; ptwers 
and duties. 



Conveyances, 
how executed. 

Members ot 
board not to 
have pecuniary 
interest in con- 
tracts. 



Id 



Power of board 
to hold real es- 
tate. 



Transfer of ter- 
ritory for school 
purposes. 



Right of ap- 
peal. 

Orgaaization 
of board of 
education. 



[As amended 
March 3, 1874.] 

Oath of ofSce 
of inpmbers of 
board of edaca- 
tion. 



Majority to 
constitute a 
quorum. 



Vote by yeas 
and nays on 
purchase of 
property, etc. 



pensation by the board of which he is a member except as 
clerk. 

Sec. 39. All property real or personal, which has hereto- 
fore vested in and is now held by any board of education, or 
town or city council, for the use of public or common schools 
in any district, is hereby vested in the board of education 
provided for in this act, having under this act jurisdiction 
and control of the schools in such district. 

Sec. 40. A part or the whole of any school district may 
be transferred to an adjoining school district by thfe mutual 
consent of thf^ boards of education having control of such 
districts ; provided, that no such transfer shall take effect 
until a statement or map showing the boundaries of the ter- 
ritory transferred shall be entered upon the records ot such 
boards, nor (except when the transfer is for the purpose of 
forming a joint sub district,) until a copy of such statement 
or map, certified by the clerk of the board making the trans- 
fer, shall be filed with the auditor of the county in which the 
transferred territory is situated, and any person living within 
a district or the part of the district so transferred shall have 
the right to appeal to the county commissioners as provided 
for in section fifty -nine of this act. 

Sec. 41. Each Hoard of education organized under any 
existing law, except township boards, shall reorganize on the 
third Monday of April after the passage of this act, and by 
vote or lot diminish the number of members, or by appoint- 
ment increase the number, and determine, by vote or lot, the 
time «^ach member of the board shall serve, so as to consti- 
tute the said board in strict accordance with the provisions 
of this act. 

Sec. 42. Each person elected as a member of a board 
of education, or elected or appointed to any other office under 
this act, shall, before entering upon the duties of his office, 
take an oath or affirmation to support the constitution of t ae 
United States and of the State of Ohio, and that he will faith- 
fully perform the duties of his offi je. The oath or affirmation 
may be administered by the clerk or any member of the board. 
A majority of the board of education shall constitute a 
quorum for the transaction of business ; provided, that upon 
a motion to adopt a resolution authorizing the purchase or 
sale of property, either real or person il, upon a moti >n to 
employ a superintendent, teacher or teachers, janitor or jani- 
tors, or other employe or employes (or to elect or appoint an 
officer), or upon a motion to pay any debt or claim, it shall be 
the duty of the clerk of said board to call, publicly, the roll 
of all the members composing the same, aud to enter on the 
record authorized to be kept the nam@s of thosf voting " aye," 
and the names of those voting " no ;" and if a majoriry of all 
the members of said board 8hd,ll have voted " aye," then the 
president shall declare the motion carried, and upon any mo- 
tion or resolution any member of said board may demand the 
yeas and nays, and thereupon the clerk of said board' shall 
call the roll aud record the names of those voting ^' aye" aiid 
those voting " no." The proceedings of each board of educa- 



15 



tion shall be kept ia a book provided for that purpose, and 
shall be «>pen to the inspection of any resident of the district, 
or other persons having a legal or official interest in such 
proceedings. 

Sec. 43. In all cases of tie votes, at any election for mem- 
bers of the board, the judges of election shall decide the 
election by lot, and in other cases of failure to elect, or in 
case of a refusal to serve, the board shall appoint. All 
vacancies in any board of education arising from death, non- 
residence, resignation, expulsion, gross neglect of duty, fail- 
ure of a person elected or appointed to qualify within ten 
days after the annual organization, or after his appointment, 
or otherwise, the board shall fill wichout delay until the next 
annual election, occurring not less than fifteen days after 
such vacancy, when a successor shall be elected to fill the 
unexpired term ; provided, that any vacancy which may occur 
in township board of education from any of the causes afore- 
said, shall be filled by the election of a clerk by the local 
directors of the proper sub-district; and that in case of gross 
neglect of duty a member guilty of sach neglect shall cease 
to be clerk of said sub district, and a new election shall be 
held by the local directors thereof to fill such ofi&ce. 

Sec. 44. Each board of education shall organize on the 
third Monday of April in each year, by choosing a member 
of the board as a president, and a clerk, who may or may not 
be a member of the board ; provided, that in each township 
district the ckrk of the township shall be ex-officio clerk of 
the board. In each city district the treasurer of the city 
funds shall be ex-officio treasurer of the school funds of the 
school district, and in a township district the treasurer of 
the township funds shall be ex officio treasurer of the school 
funds of sach district, and in each village and special district 
the board of education shall choose its own treasurer ; pro- 
vided, that in the city districts of the first and second classses 
having no city treasurers other than the county treasurers, the 
boardjs of education of such ciry districts may choose their 
own treasurers, from their own number, who shall receive no 
compensation for their services. 

Sac. 45. The clerk of each board of education shall exe- 
cute a bond in an amount and with surety to be approved by 
the boar i, payable to the slate of Ohio, conditioned that he 
shall faithfully perform all the official duties required of him. 
Said bond shall be deposited with the president of the board, 
and a copy thereof certified by said president shall be filed 
with The county auditor. 

Sec. 46. Each school distiict treasurer or county treas- 
urer, who is ex officio treasurer of any school district, shall, 
before entering upon the duties of his office, execute a bond 
with sufficient security, in double the probable amount of 
moiiey that shall come into his hands, payable to the state of 
Ohio, to be approved by the board of education, conditioned 
for the faithiul disbursement, according to law, of all such 
funds as shall from time to time come into his hands. Said 
bond when so executed and approved shall be filed with the 



Tie vote. 



Vacancies. 



Vacancy in 

township 

board. 



[As amended 
March 5, 187S.J 

Organization. 

Township 
clerk, ex-officio 
clerk of board. 

City treasurer 
ex-officio treas- 
urers of school 
funds. 

Boards of edu- 
cation of village 
and special 
school distriotB 
choose their 
own treasurers. 
Certain city 
districts elect 
treasurers of 
school funds. 
Entitled to n« 
compensation. 

Clerk to exe- 
cute bond. 



Treasurers 
bond. 



16 



Treasurer to 
report to audi- 
tor. 



[As amended 
Feb. 18, 1874.] 

Treasurer's set- 
tlemeut with 
auditor. 



To deliver 
books, etc., to 
successor. 



Traveling, ex- 
penses to be 
paid. 



Penalty for fail- 
ure to make set- 
tlement. 



Surety, how re- 
leased. , 



clerk of the board of education of said district, who shall 
immediately cause a certified copy thereof to be filed with the 
county auditor. Said treasurer shall report to the board of 
education within ten days after his setth ment with the 
county auditor, the amount of funds in his hands for school 
purposes. 

Sec. 47. The said treasurer shall, annually, between the 
first and tenth day of September, settle with the county 
auditor for the preceding year, and account to him for all 
moneys received, from whom and on what account, and the 
amount paid out for school purposes in his district ; the aud- 
itor shall examine the vouchers for such payments, aod, if 
satinfied with the correctness thereof, shali certify the s^me, 
which certificate shall be prima facia a discharge ttf such 
treasurer; and at the expiration of his term of service said 
treasurer shall deliver over to his successor in office all books 
and papers, with all moneys or other property in his haods 
belonging to said district, and also all orders he may have 
redeemed since his last settlement with the county auditor, 
and take duplicate receipts of his successor therefor, one of 
which he shall deposit with the clerk within ten da.> s there- 
after ; and for making such annual settlement with the county 
auditor he shall be entitled to receive the sum of onw dollar 
and five cents per mile for traveling to and from the county 
seat, to be paid out of the county treasury on rhe order of 
the county auditor. In base the treasurer of any school dis- 
trict shall wilfully or negligently fail to make such annual 
settlement within the time as prescribed in this section, he 
shall be liable to pay a fine of fifty dollars, to be recovered 
in a civil action in the name of the state of Ohio ; which 
amount, when collected, shall be paid into the county treas- 
ury, and shall be applied to the use of common schools in 
the proper school district; and it is hereby made the duty of 
the county auditor to proceed forthwith in case ol such failure, 
by suit against such treasurer, betore any justice of the pea^ 
of his county, to recover the penalty aforesaid. 

Sbo. 48. It shall be lawful for any surety or sureties of 
any treasurer of school funds in any school district organized 
under th© provisions of this act, at any time to norify the 
board of education of the proper district by giving at least 
five days' notice in writing that he or they are unwilling to 
continue as security for such treasurer, and will at a ume 
therein named make application to said board of education 
to be released from further liability upon the bond of sucrh 
treasurer ; and shall also give at least three days' notice in 
writing to such treasurer ®f the time and place at which such 
application shall be made. It shall b@ the duty of the boiird 
of education upon such notice being given, to hear such appli- 
cation, and if in their opinion there is good reason therefor, 
they shall require such treasurer to give a new bond, con- 
ditioned according to law, and the sureties on said first bond 
shall be released and exonerated from further liability thenon; 
and thereupon said board of education shall require such 
treasurer to give a new bond conditioned according to Jaw 



17 



and to the satisfaction of said bonrd of education, within 
such time as they may direct ; and if sucu treasurer shall fail 
to execute sorh bond as aforesaid, the ofiBce shall be deemed 
vacant and shall be immediately tilled as otber vacauciew in 
said office; but such original surety or sureties shall not be 
released or discharged until the filing of the new bond, or the 
expiration of the time all»)wed therefor; provided, cliat the 
cost of t'Uch application shall be paid by the i)ersou or per- 
sons making such application. 

Seo. 49. The buar<! ol education may fix the compensa- 
tion of tlie clerk and uvasurer, but the allowance made to the 
treasurer shall not exceed one per centum or the money dis- 
bursed by him on orders fiom tbe boaid ; provided, that the 
treasurer of a township district shall be allowed as his com- 
pensatiuu one per centum on all school funds disbursed by 
him, to be paid on the order of the trustees ot ihe township 
out of the township treasuiy ; and thut iLe tieasurer of city 
funds shall bo allowed no compensation unless otheiwise 
provided for by law, for disbursing the school funds of ihe 
city districts. 

Sec. 50, Bach board of education shall establish a suffi- 
cient number of schools to provide for the free education of 
the youth of school age within the district, at such places as 
will be most convenient for the attendance of the largest 
number of such youth, and also may establish one or more 
schools of higher grade than the primary schools whenever 
they deem the establishment of such school or schools 
proper or necessary for the convenience or progress in studies 
of the pupils attenaing the same, or for the conduct and wel- 
fare of the educational interests of such district; and the 
board shall continue each and evqry day school established 
by them for not less than twenty-four nor more than forty- 
four weeks in each school year ; provided, that each township 
board of education shall establish at least one primary school 
in each sub-district of their township ; and the boards of ed- 
ucation of the districts in which a "Children's Home" is or 
may be established under an act entitled " An act for the 
establishment, support and regulation of Children's Homes in 
the several counties of the state," etc., passed April 7, 1867, 
and in districts in which a County Inflrmaxy is or may be 
located, when requested by the board of trustees of such 
" Children's Home," or the directors of such County Infirmary, 
are hereby authorized and required to establish in such Home 
or Infirmary a separate school, so as to afford to the children 
therein, so far as practicable, the advantages and privileges 
of a common school education; and such school shall be 
continued in operation each year until the full share of all 
the school funds of the township or district belonging to said 
children, on the basis of the enumeration, shall have been 
expended; and all schools so established shall be under the 
control and management of the board of education or other 
school officers who have charge of the common schools of 
such district: Provided, that in the establishment of said 
schools the county commissioners of the county in which 
2 



New bond. 



Compensation 
of clerk and 
treasurer. 



Duty to pro"vide 
for free educa- 
tion. 



May establish 
schools of a 
higher grade. 



Schools to be 
continued in 
session twenty- 
four weeks. 

School in each 
sub-district. 

Schools in chil- 
dren's homes 
and county in- 
firmaries. 



Length of 
session. 



Under the man- 
agement of the 
board of educa- 
tion. / 



18 



County com- 
missioners shall 
proA'ide school 
room, etc. 



Liability of 
board. 



[As amended 
F&b. 4, 1875.] 

Evening schools 
to be provided. 



Purchase of 



And philosoph- 
ical instru- 
ments. 



Board to deter- 
mine studies, 
text-books, etc. 

Change of text- 
books. , 



"When Grerman 
must be taught. 



All branches 
must be taught 
in the English 
language. 

Boards' powers 
to appoint su- 
perintendents, 
teachers, etc. 



such ^'Children's Home" or County Infirmary may be estab- 
lished, shall provide the necessary school room or rooms, fur- 
niture, apparatus and books, which they are hereby empow- 
ered to do ; and provided further, that such boards of educa- 
tiovj shall iacur no expense in supporting said schools except 
in the payment of the teachers. 

Sac, 51. In any distsict composed' in whole or in part 
of any ciry or incorporated village, the board of educrition 
may, at tUeir discrenou, provide a suitable number of even- 
ing schools for the instruction of such youth as are prevented 
by their daily vocations fsom attending day schools, subject 
to such regulations as said board, from time to time, may 
adopt for tbe government thereof. And iu any dittiict, ex- 
cept a township district, the board of education may, at their 
discretion, appropriate money from the local school fund|3 for 
the purchase of books, other than school books, as said 
board may deem suitable for the use and improvement of 
the scholars and teachers of said disirici: Provided, that in 
no one year shall said appropriation exceed -is follows, viz : 
In city districts of the first class, three hundred dollars ; in 
city districts of the second class, one hundred and fifty dol- 
lars ; and in other districts, seventy-five dollars ; and all 
books so purchased shall constitute a school library, the con- 
trol and management of which shall be vested in the board 
of education : Provided, that one-half of the amount above 
authorized may, at the discretion of such board of education, 
be expended in the yiurchase of philosophical or other appa- 
ratus, for the demonstration of such branches of education as 
may be taught in such schools. 

Sec. 52. Bach board of education shall determine the 
studies to be pursued and the textbooks to be used in the 
schools under their control, and no text-book shall be changed 
within three years after ics adoption without the consent of 
three-fourths of the members of the t)oard of education given 
at a regular meeting ; and it shall be the duty of the boards 
of education to cause the German language to be taught in 
any of the public schools of this state when demanded by 
seventy-five freeholders residents of said school district, rep- 
resenting not less than forty pupils, who shall in good faith 
desire and iuteod lo study tiae German and English languages 
together: Provided, that nothing herein contained shall be 
coLiStrued as preventing said boards of education from caus- 
ing the Gern^an or other languages to be taught in said 
schools ; and provided further, that all branches taught in 
the common schools of this state shall be in the English 
language. 

Sec. 53, The board of education of each school district 
shall have the management and control of the public schools 
of the district which are or may be established under the 
authority of this act, with full power in respect to such 
schools, to appoint a superintendent and assistant superin- 
tendents of the schools, a superintendent of buildings, teach- 
ers, janitors and other employes, and fix their salaries or 
pay, which salary or pay shall not be increased or dimin- 
ished during the term for which the appointment is made : 



19 



Providexl, that no person sbal! be appointed for a longer 
time than that for which a member of the board of educa- 
tion is e!<'cted ; and such board shall have power to dismiss 
any appoinroe for inefficiency, neglect of dnty, immorality or 
imjiroper conduct ; provided further, that in each township 
district the local direcrors shall employ or dismiss for suffi- 
cient cause the teacher or teacliers of the school or schools 
in The snb-district la which they reside, and shall also have 
pf^wer to fix the salaries or pay of said teachers, which sala 
ries or pay may be increased bnt not diminished in amount 
by the township board, and shall not in any .^ear exceed in 
aggregate amount the school moneys distributed pro rata by 
enumeration, and the amount which shall be apportioned to 
such sub-district of tise fund raised by local levy to continue 
the schools in session twenty-four \t erks each year as rt quired 
bylaw; an<s in case the local directors of any sub district 
shall fail to employ a teacher or teacheis as aforesaiil, the 
township board of education shall employ a teacher or teacheis 
for tuich sub district school or schools, and fix the salaries or 
pay of the same. The local directors shall certify the amount 
due any teacher for services, to the township clerk, who shall 
draw an order on the township treasury for the amount, when 
said teacher shall iile with him this certificate, the term re- 
port pVef^cribed by the state commissioner of common schools, 
together with such other reports as may be required hy the 
rules of the board, and a copy of bis or her certificate of 
qualifications from the county exam.iners, as required by sec- 
tion nioety-four of this act. 

Sec. 54. The board of education of any district are heri^by 
authorized and required to make such rules and regulations 
as the,\ may deem expedient and necessary ft)r the govern- 
ment of the b ard, their appointees and the pupils; and no 
meeting of a board of education not })rovided for by the 
rules of the board or by law, shall be legal unless all the 
members thereof shall have been notified, as provided in 
section thirty-one. 

Sec. 55. The board of education of any district are hereby 
empowered to build, enlarge, repair and furnish the necessary 
school-houses, purchase or lease sites therefor, or rent suitable 
school-houses, and make all other necessary provisions for the 
schoO'S under their control ; and it shall be the duty of the 
local directors, under such rules and regulatious as the town- 
ship board of education may prescribe^ to provide fuel for 
schools, build, enlarge, repair and furnish school-houses, pur- 
chase or lease sites therefor, rent school-houses, and make 
all other provisions necessary for the convenience and pros- 
perity of the schools 'within their sub-districts ; and the town- 
ship board, in its corporate capacity, shall be held responsible 
tor all contracts made by such local directors, when such con- 
tracts are made in accordance with the rules and regulations 
of said township board, or in accordance with any resolution 
thereof; provided, that whenever any board of education 
shall build, enlarge, repair or furnish a school house or houses, 
or make any improvement or repair provided for in this act, 
the cost of which will exceed five hundred dollars, except in 



Power to 
dismiss. 



Po-wer of local 
directors to em 
ploy teachers. 



How limited. 



"When board 
may act as losal 
directors. 



Payment of 
teachers. 



Board to make 
rules and regu- 
lations. 



Further powers 
and duties of 
boards of edti- 
cation. 



Local directors 
to act under 
rules of the 
board. 



20 



Proceedings to 
build or repair 
scliool house 
■when exceeding 
certain, limits. 



To advertise 
for bids. 



Bids, how made. 



When read. 



If otice of bid. 



Labor and ma- 
terials separate- 
ly stated. 

Wliat bids 
accepted. 



May accept 
pai-c of a bid 
and reject the 
residue. 



Contract be- 
tween board of 
education and 
bidder. 



Either of two 
equal bids may 
be accepted. 



Bids rejected. 



Estimates for 
school purposes 
by board of 
©tlucation. 



city districts of the first and second class, in which the cost 
shall not exceed fifteen hundred dollarfs, except in cases of 
urgent uece.->sity, or for the security and piotection of school 
property, said boird shall proceed as follows: 

1. Said board shall advertise for bids for the period of 
four weeks in some newspaper in general circulation in said 
district, and two if there are so many; and if no newspaper 
is published therein, then by posting up such advertisements 
in three public places therein, which advertisement shall be 
entered in lull by the clerk on the record of the proceedings 
of said board. 

2. The bids, duly sealed up, shall be filed with the clerk by 
twelve o'clock at noon of the last day, as stated in the adver- 
tisement. 

3. The bids shall be opened at the next meeting of the 
buaid, and publicly read by the clerk and entered in full\ on 
the records of the board. 

4. Bach bid sball contain the name of every person in- 
terested in the same, and shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid is ac- 
cepted a contract will be entered into and the performauceof 
it properly secured. 

5. It the work bid for embraces both labor and materials, 
each must be separately stated with the price thereof. ' 

6. None but the lowest responsible bid shall be accepted, 
but the board may in their discretion, reject all the bids, or 
they may in their discretion, accept any bid for both labor 
and material, which shall be the lowest aggregate cost of 
such improvement or lep .irs. 

7. Any part of a bid which is lower than the same part of 
any other, shall be accepted, whether the residue of the bid 
is higtier or not, and if it is higher such residue shall be 
rejected. 

8. The contract shall be between the board of education, 
and the bidders; and «aid board shall pay the contract price 
for' the work waen it is completed, in cash, and may pay 
monthly estimates as the work progresses if they deem 
best. 

9. If two or more bids are equal in the whole or any 
P'«rc thereof, and aie lower than any others, either may be 
accepted, but in no ca,se shall the work be divided between 
them. 

10. When theie is reason to believe that there is any col- 
lusion, or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 

Sec. 56. Each board of education,, at a regular or special 
meeting held between the third Monday in April and the 
first Monday in June of each year, shall determine by esti- 
mate as nearly as practicable, the entire amount of money 
necessary as a contingent fund to be expended for prolong- 
ing tue several schools of the distriuc for the pur base of 
suitable sites for. school houses; for leasing, purchasing, 
erecting and furnishing school houses ; and for all other 
school expenses, not exceeding seven mills on the dollar of 
the taxable property of the district, as valued for taxation. 



21 



And any board of education of any city district of the first 
class are hereby authorized to issue bonds to obtain or im- 
prove public school pi operty, and in anticipation of income 
from taxes for such purpose levied or to be levied, may, from 
time to Time, as occasion shall require, issue and sell bonds, 
under the restrictions and bearing the rate of interest speci- 
fied in section sixty three, and shall pay such bonds and the 
interest thereon when due, but shall so provide that no greater 
amount of such bonds shall be issued in any one year th in 
would equal the aggi<^g ite of a tax at the rate of two .mills, 
under this section for. tne year next preceding such issue; 
provided, that the order of such board to issue such bonds, 
be made only at a regular meeting thereof, and by a vote of 
a majority of all the members of such board, taken by yeas 
and nays and entered on' the journal of the board. 

Sec. 57. The amount so estimated the board shall certify, 
in writing, on or belore the first Monday in Jane in each 
year, to the auditor of the county to which such district b^ 
longs, who shall thereupon assess the eucire amount of such 
estimate upon all the taxable property of the disliict, and 
enter it upon the tax duplicate of the county, and the county 
treasurer shall collect the same at the same time and in the 
same manner as state and county taxes are collected ; and 
when collected, he shall pay the same over to the proper 
school treasurer, upon a warrant from the county auditor. 

Sec. 58. Said county treasurer, unless he receives a fixed 
salary, shall be entitled to receive one per centum on all 
moneys so collected by him for school purposes, and no 
more. 

Seo. 59. If any board of eQucation shall in any one year 
fail to estimate and certify the levy as required in this act, 
or to provide sufficient school privilege for all the youth 
of school age in the district, or to provide for the continu- 
ance of any school in the district for at least six months in 
the year, or to provide for such school an equitable share of 
s®hool advantages as required by this act, or to provide a 
suitable school house or houses in each sub district, it shall be 
the duty of the county commissioners of the county to which 
such district belongs, upon btrdng advised and satisfied 
thereof, to do and perform any or all of said. duties and acts, 
in as full a manner as said board of education are by this act 
authorized to do and perform the same; and the members of 
said board causing said failure, shall be each severally liable 
in a penalty not exceeding fifty dollars, nor less than twenty- 
five dollars, to be recovered in a civil action in the name of 
the st'iite of Ohio, upon complaint of any elector in said 
district, which sum shall be collected by the prosecuting at- 
torney of said county, and when so collected shall be paid 
into the treasury of said county for the benefit of the school 
or schools of said district. 

Sec. 60. So much of the fund raised by local levy as may 
be i-et apart for the continuation ot the schools after the state 
funds have been exhausted, shall be so apportioned that the 
schools in all the sub-districts of the township shall be con- 
tinued the same length of time each year. In case this fund 



Bonds may ba 

issued b.v 
boards of city 
districts of the 
first class. 



Order to issue 
bonds, made 
only at a regu- 
lar meeting. 



Proceedings 
tbereou, and 
levy and collec- 
tions. 



Allowance to 
county exam- 
iners. 



[As amended 
Marcli 17, 1875.J 

County com- 
missioners to 
act in certain 
cases. 



Penalty of 
board of edu- 
cation for de- 
linquency. 



Township levy, 
how appor- 
tioned. 



22 



May appeal to 
eominissioners. 



[As am ended 
May 5, 1873.] 

When vote may 
be taken to au- 
*orize board of 
education to 
issue bonds and 
purchase sites 
and build 
sehool-houses. 



See act passed 
Pebniary 3, 
1875, page 51. 



Notice of elec- 
tion. 



Levy to be 
made from year 
to year. 



Leyy and col- 
la^ition. 



lawne of bonds 
to anticipate 
moneys. 



be apportioned by any township board in a manner not sat- 
istactoiy to the local directors of any sub distri(5t, or a ma- 
jority of them, said local directors may give notice iliereof to 
the county commissioners of the proper county, who, at 
their first regular raeetlDg for the trans>iction of business 
after such notice shall have been given, shall revise sa,id ap- 
portionment, and the funds aforesaid shall he apportioned in 
the manner determined by said county commi.-^sinners. 

Sec. 61. Whenever the board of education of any- school 
district, except a city district of the first class, shall determ- 
ine that it is necessary for the proper accommodation of the 
schools of such school district to purchase a site or sites, and 
erect a school-honsn or schnol-houses tht-reon, or to do either, 
and such board shall be of opinion that the purchase oi such 
site or «ites, and erection and furnishing of such school-house 
or school houses, or either of said purposes, will require a 
greater tax upon the i)roperty of sucbi school district than 
such board is authorized by this act to levy, and that to pro- 
vide the means therefor it will be ueeess.iry to issue bonds, 
such board shall make an estimate of the probable cost of 
such site or sites, and such school house or school-houses, or 
of either, and at a general election, or special election 
called for that purpose, nf the qualified electors of the dis 
trict over which such board has jurisdiction, giving ten days 
notice, by posting in five of the most paiilio places in said 
district notices stating the time, place and otject of said 
election, shall submit to said votsrs at such meeting the 
question of lev.ying taxes for said purpo^et*, or either of 
them ; and the further questio^us whether the levy for such 
purposes shall be made from* year to year thereafter, and 
what amount shall be levied in each year until the actual 
cost of such site or sites, and the erection of such school- 
house or school houses, or either, sbaU be raised. 

Sec. 62. And if a majority of the qualified voters at such 
election nhall vote in favor of levying taxes for said pur- 
poses, or either of them, of continuing the levy from year to 
year theieatier, and Ibi' the amount to be levied each year 
for the purpose or purposes afoxesaid, said board of educa- 
tion shall certify the same, annually, to the county auditor 
of ihe proper county, who shall i»lace the same upon the tax 
duplicate in the same manner that ot-her taxes certified by 
such board of education are required to be placed on such 
tax duplicate. In case any part of the distric! is situated in 
an adjoining county, the levy in such part shall be certified, 
collected, and paid over as provided for in section thirty-five 
for levies mar.e by the board of education. 

Sec. 63. To enable such boards of education to anticipate 
the moneys to be raised by taxation, as provided for in the 
preceding section, and to purchase such site and erect sucn 
school-house, or to do either, they are hereby authorized to 
borrow the sum of money necessary for, such purposes, or of 
either, not exceeding the amount so authorized to be levied, 
and to issue bonds therefor, payable as indicated by the vote 
provided for in section sixty-one of this act, alter a certain 



23 



day to be named therein, bearing interest payable semi annu- 
ally, at a rate specified therein, not exceediug eight per cen- 
tum per annum ; the bonds to be issued by such board under 
this act, shall he in such sums as the board may determine, 
be numbered consecutively, made payable to the bearer, bear 
date the day of sale thereof, and be signed by such board 
oflScially, and the clerk of the board shall keep a record of 
the number, date, amount, and rate of interest of each bond 
sold, and the sum for which pach bond was sold, and the 
name of the persi>n to whom sold, and the time when pay- 
able, which record shall at all reasonable, times be open to 
the inspection of the public. The bonds so issued shall in no 
case be sold for a less sum than their par value, nor bear in- 
terest until the purchase money tor the same shall have been 
paid by the purchaser thereof. 

Sec. 64. The board of education of any school district 
may contract with the board of Ruy ndjacent district for the 
admission of pupils into nuy school in such adjacent dis- 
tricts, and the expense so incurred shall be paid out of the 
school funds of the district sending such pupils. 

Sec. 6o. In every case where it may be necessary to pro- 
cure or enlarge a school-house site, and the board of educa- 
tion of any school district and the owner of such proposed 
site or addition shall be unable from any cause to agree upon 
tJie sale and the purchase thereof, the board shall make out 
an accurate survey and description of the parcel of land 
which the said board of education may desire to appropriate 
for school house purposes, and iile the same with the probate 
judge of the proper county, and thereupon the same pro- 
ceedings' of appropriation ^liall be had which are provided for 
by chapter forty-seven of an act entitled an act to provide 
for the organization and govprnmeist of municipal coipora- 
tions, passed May 6, 1869. (O. L., volume 66,. page 234.) 

Sec. 6Q. The board of education of each district, except 
in citv districts of the first class, are hereby a-uthorized to 
require the clerk of said board annually, ten days prior to 
the election fur members of said board, to m&ke out and post 
up at the place or places of holding such election, oi publish 
in some newspaper of general circulation in their district, an 
Itemized statement of all moneys received and disbursed by 
said board within the sshool year last preceding. 

Sec. 67. It shall be unlawful for any member of any 
board of education organized under any law of thi 5 state, to 
receive any compensation for his services as a member of 
said board, except as clerk of the board, or to apply any 
money coming into his liands for the benefit of schools to 
hii own use; and any person violating either of the provi- 
sions of this section shall be prosecuted therefor, and pun- 
ished as for obtaining money under false pretenses ; and all 
moneys collected under the provisions of this Rection, shall 
be paid into the treasury of the county in which the action 
shall have originated, for the use of common schools in said 
district. 

Sec. 68. The process in all suits against any board of edu- 
cation, shall be by summons, and shall be served by leaving 



Nature of 
bonds. 



Admission of 
pnpils. 



Proceedings to 
appropriate 
land for s9liooi- 
liouse sites. 



Statement 
made by clerk. 



Members of 
board not enti- 
tled to compen- 
sation. 



Process against 
school officers. 



24 



Duty of prose- 
cuting attor- 
ney. 



School year, 
week, and 
montti. 



What pupils 
admitted. 



Suspension and 
expulsion. 



Assignment of 
scholars. 



Sec. 31 of act of 
March 14, 1853, 
retained. 



School property 

OT^'iTTit frr>m 



Penalty for in- 
juring school 
property. 



a copy thereof with the clerk or president of such board ; and 
such board shall i>e required to appear aud answer, as in other 
civil actions. 

Sec. 69. If is hereby made the duty of the prosecuting 
attorney of the proper county, or in case of a city i istiict, the 
city soliciror, to prosecute all actious which by this act may 
be brought against any member or officer of any school board, 
in his individual capacity 5 and to act in his official capacity 
as such prosecutor, as the legal counsel of such boards or 
officers in all civil actions brought by them or against them 
in their corporate or official caoaciiy ; provided, no prosecu- 
ting attorney or city solicitor shall be a member of the board 
of educarioD, 

Sec. 70. The school year shall begin ou the first day of 
September of each year, and close on the thirty- first day of 
August of the succeeding year. A school week shall coosist 
of five days, a school month of four school weeks. 

Sec. 71. The schools established by this act shall be free 
to all youth between six and twenty-one years of age who 
are children, wards or apprentices of actual residents of the 
school district, and no pupil shall be suspeuded therefrom 
except for such time as ma^y be necessary to convene the 
board of edncTtiou of the district or local directors of the 
sub-district, nor be expelled unless by vote of two-thirds of 
said board or local directors, after the parent or guardian of 
the offending pupil shall have been notified of the proposed 
expulsion, and permitted to be heard against the same ; and 
no scholar shall be suspended or expelled from the privilege 
of schools beyond the current term : Provided, that each 
board of education shall have p:)wer to admit other persons, 
not under six years of age, upon such terms or upon the pay- 
ment of such tuition as they may prescribe; and boards of 
education of city, village or special districts shall also have 
power to admit, without charge for tuition, persons within 
the school age who are members of the family of any free- 
holder whose residence is not within such district, if any part 
of su<^.h freeholder's homestead is withiu such district ; and, 
provided further, that the several boards ot education shall 
make such assignment of the youth of their ret-pective dis- 
tricts, to the schools established by them as will, in their 
opinion, best promote the interests of education in their dis- 
tricts; and, provided further, that nothing contained in this 
section shall supersede or modify the provisions of section 
thirty one of ao act entitled an act for the reorganization, 
supervision and maintenance of common schools, passed 
March 14, 1853, as amended March 18, 1864. 

Sec. 72. All property, real or personal, vested in any 
board of education, shall be exempted from tax and from 
sale on any execution or other writ or order in the nature of 
an execution. 

Sec. 73. That if any person shall willfully and maliciously 
injure or deface any school-house, its fixtures, books or appur- 
tenances, or shall commit any nuisance therein, or shall pur- 
posely and maliciously commit any trespass upon the enclosed 
grouLds attached thereto, or any fixtures placed thereon, or 



25 



any enclosure or sidewalk about the sauie, such person shall, 
upou couviction thereof, be hutd io any sum not exceeding 
one hundred dollars, or be imprisoned in the county jail not 
exceeding ninety days, or both, in the discretion of the court. 
Sach tine, when collected, shall be paid to the treasurer of 
the proper county for the use of ihe school district in which 
the oiir^nse was committed. 

Seo. 74. If any person or persons shall hereafter willfully 
disturb, molest or interrupt any school or society formed in 
such school for the intellectual' improvement of its members, 
such person or persons so offending shall be deemed guilty 
of a misdemeaaor, and on couviction thereof, shall be fined 
in any sum iiot less than five nor more than twenty dollars, 
Willi cost of prosecution, and shall stand committed until 
such fine shall have been paid, or h.p shall have been dis- 
charged by due course of law; and, provided iurther, that 
the judgment for ost shall not be abated until such costs 
shall have been fully paid. Such fine when collected, shall 
be paid into the county treasury, for the use of common 
schools in the proper county. 

Sec. 75. The board of education of each district shall 
make a report to the county auditor on or before the first day 
of Oct >ber in each year, containing a statement of the receipts 
and expenditures of said board, the number of schools sus-. 
taiued by them, the length of time such schools were sus- 
tained, the enrollment of pupils, the average monthly enroll- 
ment and average daily attendance, number of teachers em- 
ployed, their salaries, the number of school-houses and 
school rooms, and such other items as the state commissioner 
of common schools may require. These reports shall be made 
on blanks which shall be furnished by the said commissioner 
of common schools to the auditor of each county, and by such 
auditor to each school clerk iu his county; and it shall be 
the duty of each board of education, or ofiflcer or employe 
thereof, or other school officer in any district or county of the 
state, whenever the state commissioner of common schools 
shall so require, to report to him direct upon such blanks as 
the said commissioner shall furnish, any statements or items 
of iuforu^ation that the said commissioner may deem impor- 
tant or necessary; and whenever the school commissioner, on 
examination of the enumeration of youth made and returned 
by any district under 'this act, shall be of opinion that tte 
same is excessive in number or iu any other way iacorrect, 
he may require the enumeration for such district to be retaken 
and returned, and if he think it necessary he may for this 
purpose appoint one or more persons to perform this duty, 
who shall take the same oath and perform the same duties 
and receive the same compensation, and out of the same 
funds, as the person or persons who took the enumeration in 
the first instance, and the school fund shall be distrib:tted on 
the corrected enumeration ; and any officer through whose 
hands the enumeration required by this act to be returned, 
shall pass, who shall, by pi^rcentage or otherwise, add to or 
take from the number actually enumerated, shall be deemed 
guilty of a misdemeanor, and upon conviction of such offense, 



Willful disturb- 
ance, how pun- 
ished. 



Statement 
made to auditor 
by board of 
education. 



When to report 
to school com- 
missioner. 



WTien enumer- 
ation may be 
retaken by 
state commis- 
sioner. 



Penalty for 
fraudulently 
altering enum- 
eration. 



26 



Teachers and 
superintend- 
ents to keep 
school records. 



What boards to 
ptiblish report 
of condition of 
schools. 



[As amended 
March 3, 1874.] 

Enumeration 
of youth of 
school age. 



Oaths of person 
taking enumer- 
ation. 



Compensation 
for services. 



shall be fined in any sum not less than five dollars and not 
exceeding one thousand dollars, or imprisoned in the county 
jail not less than reu d-dys nor more than thirty days, at the 
dincrerion of the court. 

Sec. 76. Eacb board of education shall require the teach- 
ers and superintf^ndents appointed by them, to keep the 
school records in such a manner that the board may be ena- 
bled to report annually to the county auditor a ; required by 
the provisions of this act. Said board of educanon is hereby 
authorized to wiihhqld the pay of such teachers as soail fail 
to file with the clerk the leports required of them by the 
board, and to require the superintendent to report each year 
such matters as Sdid board may determine to be important 
or neee.>*sary for information in regard to the management 
and conduct of the school?;, and to make such suggestions 
aad re* ommendations as he may deem advisable relative to 
methods of instruction, school management or other matters 
of educational interest. And the board of education of each 
city district of the first class shall make and publish annually 
a report on the condition of the schuols umier their charge, 
as well as the fiscal and other concerns in relation thereto, 
and a particular account of the administration thereof. 

Sec. 77. In every district in the state there shall be 
taken, between the first Monday in September and first Mon- 
day in October in each jear, an enumeration of all unmarried 
youth, noting race and sex, betweeii six and twenty one years 
of age, resident within the district, and not temporarily thtre, 
designating also the number between sixteen and twenty one 
years of age, the number residing in the Western Reserve, 
the Virginia Military District, the United States Military Dis- 
trict, and in any original surveyed township or fi actional 
township to which belongs section sixteen, or other land in 
lieu thereof, or any other lands for the use of schools or any 
interest in the proceeds of such land ; provided, that in a< di- 
tion to the classified return of all the youths residing in the 
district, that the aggregate number of youths in the dLstiict 
resident of any adjoining county shill be separately given, if 
any such there be, and the name of the county in which they 
reside; and each person required or employed under this act 
to take said enumeration, shall be first sworn or afiirmed to 
take said enumeration accurately and truly to the best of his 
skill and ability ; and when making return of the same to the 
proper officers, he shall accompany said return by his affi- 
davit duly certified that ho has taken and returned said enu- 
meration accurately and truly to the best 3f his knowledge 
and belief; and the officer to whom such return of enumera- 
tion is lequired to be made, is hereby authorized to adminis- 
ter such oath or affirmation, and to take and certify such 
affidavit. Each person so taking and returning said enumer- 
ation shall be allowed by the proper board of education, rea- 
sonable compensation for his services, which compensation 
in sub districts shall not exceed two dollars for each person 
authoriz-d, required or appointed to take and return said 
enumeration. 



27 



Sec. 78. It shall be the duty of the clerk of the board of 
education of each district io the state, other than township 
districts, to tinploy one or more competent persoTis to t^ke 
and return to bim the enumeration of said distiict in the 
manner pr«^scrihed in section seventy-seven of this act. 

Sec. 79. The clerk of each board of education shall, on 
or before the second Monday of October in each year, mfike 
and transmit to the county auditor an abstract of the «^nu- 
meration by this ac-t required to be returned to him, ao(;ording 
to the ibrm prescribed by the state commissioner of common 
schools, wich an oath or afBrmafion endorsed thereon, that it 
is a correct abstract of the retnrus made under oath or affirm- 
ation to him. The oath or affirmation of tbe clerk may be 
administered and certified to by any member of the board of 
education, or by the county auditor. 

Sec. 80. If the clerk of any school district shall fail to 
return the annual enumeration herein required, to the county 
auditor of the proper county on or before the^i cond Monday 
of October, the said auditor shall at once demand a dnly cer- 
tified abstract cf such enumeration from said clerk, and in 
case such enumeration has not been taken as required in this 
act, or an abstract furnished at ouce as required in this sec- 
tion, the said auditor shall employ one or more compefent 
persons to take such enumeration, which persons shall be 
subject to the legal requirements already specified, except 
that the returns shall be made directly to the auditor, wh- is 
hereby authorized to administer to each person employed the 
oath or affirmation required. The auditor shall allow the 
person or persons employed by him a reasonable conipensa- 
tion out of the general county fund, and shall proceed to re- 
cover the amount or amounts so paid for such services in a 
civil action before any court having competent jurisdiction, 
in the name of the State of Ohio against said clerk on his 
bond, and the amount so collected shall be paid into the gen- 
eral county fund. 

Sec. 8].. The county auditor of each county shall trans- 
mit to the stalje commissioner of common schools, on or be- 
fore the fiith day of November in each year, an abstract 
of the euameratioo returns made to him, duly certified. If 
the auditor shall willlully or negligently fail to perform any 
duty herein required, he shall be liable on his bond to twice 
the sum lost to the school districts of his county in conse- 
quence of any such neglect, which sum shall be recovered in 
a civil action before any court of competent jurisdiction, in 
the name of the State of Ohio against the said auditor on his 
bond, and the amount so collected shall be paid into tbe 
county treasury for the benefit of such districts. 

Sec. 82. The clerk of each board of education shall pre- 
pare the annual report of the receipts and expenditures of 
school moneys, and the statistical statement in reference to 
the schools required of the board of education, and transmit 
the same to tbe county auditor on or before the first clay of 
October in each year; and immediately after tbe filing of a 
bond by the school treasurer of such board, transmit to the 



Clerk to em- 
ploy person to 
take enumera- 
tion. 



Abstract to be 
transmitted to 
auditor. 



When auditor 
shall take enu- 
meration. 



Compensation 
therefor. 



Abstract to be 
transmitted to 
school commis- 
sioner. 



Penalty for fail- 
ure to certify 
abstract. 



Eeport of re- 
ceipts and ex- 
penditures of 
school moneys 
to auditor. 



28 



[As amencled 
March 3, 1874.; 



How certain 
school funds are 
received and 
disbursed. 



Auditor to fur- 
nish blank 
book for treas- 
urers and 
clerks. 



Books, how 
kept, 



Books to be 
delivered to 
successors. 



School funds in 
hands of treas- 
urers not to 
exceed one-half 
the penalty 
of their bond. 



county auditor a certified statement that said treasurer has 
executed fi^nd deposited the requisite bond according to the 
provisions of this act, and also state* the amount of such 
bond. 

Sec. 83. No treasurer of a board of education, except in 
cases otherwise provided for in this act, shall pay out any 
school money, except on an order signed by the president} 
and countersigned by the clerk of said board. No money 
shall be paid to the treasurer of a board ot education other 
than that received froui the county trcisurer, except upon 
the order of the clerk of said board whose duty it shall be to 
report the amount of such miscellaneous receipts to the 
auditor of the proper county. 

Sec. 84. It shall be the duty of the auditor of each county 
in the state to furnish the clerk and treasurer of the several 
school districts in his county with a suitable blank book 
each, made according to the form prescribed by the state 
commissioner of common schools, iu which it shall be the 
duty of said clerk and treasurer respectively to make a record 
of all school moneys received and disbursed within each 
school year, showing the amount of school moneys in the 
hands of the said treasurer on the first day of September of 
each year, and also at the time of the annual settlement of 
said treasurer with the board of education, and from what 
sources received ; the amount received within the school 
year, and from what sources ; the orders drawn or paid, as 
the case may be, from what funds and forivhat purpose, and 
the amount of school funds in the hands ot said treasurer at 
the close of the school year ; and at the expiration of his 
ofl&cial service, said clerk shall deliver to his successor in 
office the aforesaid book, also the book in which is recorded 
the cfficial proceedings of the board of education, all certifi- 
cates and reports of teachers required by law to be filed in 
his office, and all other official books and papers in his hands 
relating to schools. The auditor shall in no case permit said 
treasurer to have iu his hands at any one time, ah amount 
of school funds over one-half the amount of the penalty in 
the bond of said treasurer. And to enable said auditor to 
ascertain the amount of such funds in the hands of said 
treasurer, the said treasurer shall be required to furnish a 
written statement from the clerk of his school district, ex- 
hibiting the amount of school funds in said treasurer's hands, 
as shown by said clerk's books, which statement the said 
treasurer shall present to the county auditor before an order 
is drawn on the county treasurer for any of said school funds, 
and it is hereby made the duty of such clerk to furnit^h such 
statement whenever it may be necessary for the purposes 
aforesaid. 



29 



CHAPTER VII. 



EXAMINERS AND THEIR DUTIES- 

INBRS. 



-STATE BOARD OF EXAM- 



Sec. 85, It shall be the duty of the state commissiouer 
of cjmmoQ schools to appoint a state board ot exaininers, 
to_ consist of three competent persons, resident iu the state, 
who shall hold their office for two years, and until their suc- 
cessors are appointed ; and all vacancies in said board which 
may thereafter occur by death, resignation or otherwistj 
shall be filled hy appointment by said commissioner for the 
unexpired term. 

Sec. 86. The state board of examiners thus constituted 
are heieby authorized to issue lite certificates of high quali- 
fications to such teachers «.8 may be found upon examiuation 
to possess the requisite scholarship, and who may also ex- 
hibit satisfactory evidence of good moral character, and of 
eminent prolessional experience aad ability. 

Sec. 87. All certificates issued by said state board of 
examiners shall be countersigned by the commissioner of 
common schools; and such certificates shall supersede the 
necessity of any and all other examinations of the persons 
holding them by county or local boards of examiners, and 
such certificates shall be valid in any school district in the 
state, unless revoked by said board of examiners for good 
cause. 

Sec, 88. Each applicant for a state certificate shall pay 
to the board of .examiners a fee of three dollars. 



state school 
commissioner 
to appoint 
board of ex- 
aminers. 



Powers of state 
board of exam- 
iners. 



Validity of 
state certifi- 
cates. 



May be revoked 
for cause. 



Examination 



COUNTY EXAMINERS. 



Sec. 89. It shall be the duty of the probate judge of each 
county of this state, as soon alter the election of school 
officers under the provisions of this act as practicable, to ap- 
point a county board ot scuooi examiners, to consist ot ctiiets 
competent persons, resident in the county, one for the term 
of one year, one for two years and one for three jears, and 
annually thereafter one for three years, who shall hold their 
office for the term of three years, ana umil tneir successara 
are appointed; provided, that no person shall be appuiuted 
school examiner who, as principal or teacher is connected 
with or interested in any normal school, or school for the 
special education or training of persons for teachers ; and if 
any school examiner shall after his appointment as such 
examiner, become so couuecied with any such normal school 
or school for the education or training of peisous for teacners, 
his place shall thereby be held and become vacant, and the 
probate judge shall immedidteiy hll Bucii vacancy L»y appoint- 
ing some suitable person not su connected with any such 
school ; provided, the said probate judge may at any time re- 
voke the appointment of any school examiner upon satisfac- 



fSupplemented 
March 30, 1874. 
See page 52.] 
Probate judge 
to appoint ex- 
aminers. 



Ko person con- 
nected with a 
normal school 
shall be an ex- 
aminer. 



Probate iudge 
shaU appoint a 
substitute- 



30 



"When judges 
of common 
pleas may 
appoint ex- 
aminers. 



Powers and 
duties of board. 



Quarterly re- 
port of exam- 
iners. 



Examination 
fees to be set 
apart to sup- 
port teachers' 
institutes. 



Validity of 
county certifl- 
catea. 



Certificates 
mav be revok- 
ed. 



[As amended 
April 18, 1874.] 



Teachers must 
have certifi- 
cates of qualifl- 
eation, etc. 



tory proof that said examiner is inefficient, negligent or guilty 
of iiujnoral conduct; and all vacancies in said board which 
may thereafter occur, whether from espiratiou of the term of 
office, refusal to serve, or otherwise, shall be filled by like 
appointment by paid judge ; and it shall bo the duty of the 
probate jadge, within ten days after the appointment of 
school examiners,- to report the names and residence of the 
appointees to the staie commissioner of common schools; 
provided, that in case there be no probate judge in said 
county, the judge or judges of the court of common pleas 
shall perform the duties by this section required of the pro- 
bate judges. 

Sec. 90. It shall bei the duty of the examiners to fix upon 
the time of holding thf. meetings for the examinations of 
teacl ers, in such places in their respeciive counties as vvill, 
in their opinion, best accommodate the greatest number of 
candidates for examination, noJiceof all sncih ujeetings beiog 
published in some newspaper of general circulation in their 
respective counties; and at such mensings any two of said 
board shall be competent to examine applicants and grant 
certificates; and as a condition' of exaraitiation, each appli- 
cant for a certificate shall pay the board of examiners a fee 
of fifty cents. 

Sec. 91. All such fees received by the examiners shall be 
paid over quarterly to the county treasurer, with a statemnnt 
made to the auditor of the number of applicants, msle and 
female, examined ; and all moneys so paid over to the county 
treasurer by the board of examiners, shall, after paying on 
the order of the county aud!'"or, the necessary traveling 
expenses of said examiners, which in no quarter shall exceed 
one- third of the amount so paid to the county treasurer as ex- 
amination ftes, be set apart as a fun*! for the support of teach- 
ers' institutes, as hereafter provided in this act, and shall be 
used tor no other purpose; provided, that the nunsber of 
meetings held by said board of examiners for the examina- 
tion of teachers, shall not, in any one year, exceed eighteen. 
Sec. 92. A certificate granted by counts examiners shall 
be valid only tor six, twelve, eighteen, or twenty four months 
from the day of examination, and in all the school districts 
of the county in which it shall be granted ; provided, no 
such certificate shall be valid iu a city district, of the first 
class, lii a city district of the second class, or iu a villa-ge dis- 
trict, unless the same shall be endorsed by the |.rpsideut and 
secretiiry of the boards of examiners of siich distsicts. If at 
any time the recipient of the certificate shall be found im- 
moral, incompetent or negligent, the examiners, or any two 
of them, may revoke the same. 

Sec. 93. No person shall be employed as teacher in 
any common school, unless such person shall have first ob- 
tained from a board of examiners having competent jurisdic- 
tion, or a majority of them, a certificate of good moral char- 
acter, and that he or she is qualified to te;ich orthography, 
reading, writing, arithmetic, geography, English grammar, 
and possesses an adequate knowledge of the theory and 
practice of teaching ; and in case such person be required to 



SI 



teacli other branches than those herei?i specified, he or she 
shall til si") obtain ti oexLilicaLe of the requisite qualiliiiixtiuns, 
in addition to the bra-uches aforesaid : Provided, that per- 
iso/is; di-sii'iug or expected to teach ou!y oue or more special 
studies, such as music, drawing, paintiug, peruoauship, gym- 
Dastics, German or French, mr».y be eximiued and tested only 
in regard to such study or studies, and having obtained from 
the said boaid a ct-rtiticate ot qualification, may be employed 
as teachers of the respeciive special study or studies. 

Seo. 94. And it shall be unlawful for any cleik to dravV 
an order oa the treasurer for the payment of a t(^acher for 
Si/rvici:'s, U(d('Ss said rcctcher whall have first iiitd with said 
clerk a legal certitlcate of qaaliticatiou, or a true copy thereof, 
covering the entire time of the services for the payment of 
which such order it^ drawn, and the branches which sach 
teacher has taught; provided, that orders may be drawn for 
special teachers of drawing, paiiiiing, penmanship, music, 
gymnastics, or any foreign language, on presentation oJ a 
certificate, signed by a majority of the examiners, covering 
the time for which said special teacher has been employed. 

Sec. 95. Tne said board of examiners shall appoint one 
of their number to serve as clerk, who shall keep a r*-cord 
of their proceedings, noting the number and date of each cer- 
tificate given, to whom, f'nr what term of time, for what 
branches of study, and buch other statistics relating to their 
examinations and })roceedings as the state commissioner of 
common schools may lequire; and said ooard may make all 
needtul rules and regulations for the proper discharge of 
their dories. The members of the board shall be entitled to 
receive each two dollars for every day necessarily engaged in 
official service, to be paid out of the county treasury, on the 
order of the county auditor, exclusive of blanks and sta- 
tionery, which the county auditor shall furnish; and said 
board of examiners is authorized to obtain the use of suita- 
ble rooms in which to conduct examinations, and procure 
fuel and light, and employ janitors to take charge of such 
rooms and keep the same iii order, and the expense of pro- 
curing sucQ rooms, fuel and lights, and employing such 
janitors, is to be paid out of the county treasury on the order 
of the county auditor. The said auditor shall grant said 
order upon the certificate of the chairman of said board of 
examiners, countersigned by the clerk of said board. It 
shall be the duty of tlie clerk of said board of examiners to 
prepare and forward to the state commissioner of common 
schools, on or before the first day of October, a statement of 
the number of examinations held by the board, the number 
of applicants examined, the number of certificates granted, 
and for what lengtti of time, the amount of fees received and 
paid over to the county treasurer, the amount received of 
the county by the board for their services, and such other 
important statistics and information in relation to their 
duties as the state commissioner of common schools may 
require. The clerk of the board shall deposit with the county 
auditor a bond, with surety, to be approved by him, in the 
sum of three hundred dollars, that he will faithfully pay into 



When orders 
for teachers' 
pay illegal. 



Payment of 
teachers for 
special branch- 
es. 



[As amended 
May 5, 1873.J 



Clerk of exam- 
iners and his 
duties. 



Eules and regu- 
lations of board. 



Compensation 
of examiners ; 
how paid. 



May provide 
rooms, fuel, 
etc., for exami- 
nations. 



Cost of same to 
be paid out of 
county treas- 
ury. 



Annual report 
of examiners. 



Bond of clerk 
of examiners. 



32 



Quarterly re- f^g countv treasurv, Quarterly, the examiDation fees required 

port of examm- , ,, . , ^ , • , n ^V . . -n /? • i ■ n i i 

era. Dj ttiis at'-t to be paiU, aiid that he will faithiully make the 

statistical returns required and authorized by this act. 



[As amended 
April 18, 1874.] 



Board of educa- 
tion to appoint 
examiners ; 
their duties, 
etc. 



Applicable to 
city districts, 
etc. 



Shall appoint 
annually. 



Shall fill 
vacancies. 



Names of exam- 
iners to be re- 
ported to state 
commissioner. 



Organization of 
board. 



CITY EXAMINEES. 

!Sec. 9G. The board of education of each city district 
of the first class v^hal!, as soon as prjicticable after the first 
organization under ihis act, appoint a board of examiners, to 
consist of ibree, six or nine competent persons, as the board 
m;!y deter mine, who shall have power to examine the schools 
established in such district, and shall examine all persons 
that desire to hold teacher^' certificates valid in such district. 
One-third of said examiners shall be appointed for one, one- 
third for two, and one third for three years, and shall serve 
until tbeir successors are appointed and qualified. The stand- 
ard of qualifications of teacheis shall be determin* d by the 
board ot examiners, and the board of education are hereby 
empowered to fix the salary or pay ot said examiners, and to 
pay the sanip from the g«^nernl fund raised lor school pur- 
poses. Section ninety chtt-e, as hervby amended, nnd ninety- 
four shall be also applicable to city uisirictw «if thw first and 
second class; and to secure a more thoiough exauiiuatiou of 
teachers antl [tupils in the more difficult branches or special 
studies, the board of examiners may ^temporarily associate 
with themselves, for such purpose, one or more other persons 
ot sufficient knowledge iu such bianches or studies respect- 
ively, who shall, in such case, promise by oath or affirmation 
that chey will faithfully and impartially perform the duties 
of examiners. And the superinrendents of education shall 
give to the, examuicrs nil th^' necessary information about the 
branches and special studies to be taught, and the grades 
and classes the persons appointed or to be appointed as teach- 
ers shall have to teach. . 

Sec. 97. The said board of e<'ucation shall annually 
thereafter appoint one, two or three examiners, as the case 
may be, who shall serve for three years and until their suc- 
cessors are appointed and qnalifird. And tl'e boaid of edu- 
cation shall fill all vacancies in said doard of eixsniiners that 
may occur from refusal to serve, death, r< signafion or other- 
wise, for the unexi)ired term, and shall have power to revoke 
the ai»poiatmeat of any >xamiiier upon satisfactory proof 
that said examiner is inefficient, negligent or guilty of im- 
moral conduct. It shall he the duty of the clerk of each 
board of education to report to the state comm's^ioner of 
common schools within ten days after the appointment, the 
names of the city school examine! s appointed by .■^uch board, 
and also report in like manner the appointments made to fill 
vacancies. 

Sec. 98. The board of examiners in each city district of 
the first class shall organize by appointing one of their own 
number as clerk, who shall give bjud, with surety to be ap- 
proved by the board of education, in the sum of five hun- 
dred dollars, conditioned that he shall pay to the school 
treasurer of his distiict the examination fees collected in 
pursuance of this act, and that he shall make, on or before 



33 



the first day of October in each year, such returns in refer- 
ence to the examiuations as may be required by the state 
commissioner of common schools of the clerk of the county 
board of examiners. 

Sec. 99. Said board, or- a majority of them, may grant 
certificates, which shall be valid only in the city school dis- 
tricts in which they are granted " for one, two or tbree 
years," except in cities in [of] the first class in which they 
shall be granted for two, five or ten years. 

Sec. 100, Said board of examiners shall have power to 
revoke the certificate of any person who shall be guilty of 
immorality or improper conduct, or shall prove to be ineffi- 
cient, and if such person shall be employed in any school in 
the district, they shall have power to discharge such teacher, 
who. shall, however, be entitled to pay for services to the 
time of such discharge. Every person applying to a city 
board of examiners shall pay to the examiners fifty cents 
before entering upon the examination, which money shall be 
paid quarterly to the school treasurer of the city, and shall 
be set apart as a teachers' institute fund, to be appropriated 
as provided for in this act. 

Sec. 101. The powers and privileges herein granted to 
city districts of the first class, with reference to boards of 
examiners, are hereby extended to city districts of the sec- 
ond class and village districts having a population not less 
than twenty-five hundred ; provided, that the board of exam- 
iners in such districts shall consist of tbree members ; and 
provided further, that in any city districts of the second 
class, and in village districts (except in those localities 
where associations have been or may hereafter be formed as 
provided for in section 119 of this act), the fee of fifty cents 
which is required to be paid to the board of examiners by 
every person applviog for a certificate to teach, shall be paid 
by said examiners to the county treasurer for the use of 
county institutes, aad be paid out as other fuods for the 
same purpose are -ordered to be paid. The boards of educa- 
tion of said city districts of the second class, in the matter 
of attaching the annexed territory for voting purposes, shall 
be governed by the provisions ot this act conferring like 
powers upon city boards of education of the first class, as 
provided for in section ten. 



[As amended 
March 29, 1875.1 
Validity and 
term o^ certi- 
cates. 



Further powers 
of examiners. 



Examination 
fees. 



Certain 

privileges 

extended. 



CHAPTER VIII. 

STATS COMMISSIONEE. 



Sec. 102. .There shall be elected by the qualified electors 
of this state, at the annual election for state and county offi- 
cers, in the year eighteen hundred and seveisty-four, and 
every three years thereafter, a state commissioner of common 
schools, who shall hold his office for the term of three years 
from the second Monday in January succeeding his election, 
and until his successor is elected and qualified. The election 
of said eommissioner, and the return thereof, shall be the 
same in all respects, as is provided for the election of judges 
3 



When commis- 
sioner elected. 



Term of office 



34 



Vacancy, how 
iftUed. 



His official 
1k>ond. 



— ^nd oaik. 



Office, etc., at 
seat of govern- 
ment. 



His duties in 
■visitina: the sev- 
oral judicial 
■distriets. 



His supervision 
over school 
funds. 



May require 
reports from 
certain oiiioers 



T» prepara 
forms, etc. 



1 asto 
distribution of 
school laws, etc. 



of the supreme court ; and in case a vacancy shall occur ia 
said office by death, resignation, or otherwise, the governor 
shall fill the same by appointment until the next annual elec- 
tion of state offic rs, occurring not less than ninety days 
after such vacancy, and until a successor shall be elected and 
gualified. 

«Seo. 103. Before entering upon the discharge of his offi- 
cial <Iuties, the said commissioner shall give bond, in the 
penal som of five thousand dollars, to th^ state of Ohio, with 
two or more sureties, to the acceptance of the secretary of 
state, conditioned that he will truly account for and apply 
all moneys or other property which may come into his hands 
in his official capacity for the use and benefit of common 
schools, and that he will faithfully perform the duties en- 
joined upon him according to law ; and he shall also take and 
subscribe an oath or affirmation to support the constitution 
of the United States and of the state of Ohio, and diligently 
and faithfully discharge the duties of his office as prescribed 
by law, which bond, with the certificate of his oath, endorsed 
thereon, shall be filed with the treasurer of state. 

Sec. 104. The books and papers of his department shall 
be kept at the seat of government, where a suitable office 
shall be furnished by the state, at which he shall give attend- 
ance not less than ten months in each year, except when ab 
sent on public busiuess. 

Sec. 105. It shall be the duty of the commissioner to visit 
annually each judicial district of the state, superintending 
and encouraging teachers' institutes, conferring with boards 
of education or other school officers, counseling teachers, 
visiting schools, and delivering lectures on topics calculated 
to subserve the interests of popular education. 

Sec. 106. He shall also exercise such supervision over the 
educational funds of the state as may be necessary to secure 
their safety and right application and distribution according 
to law. He shall have power to require of county auditors, 
boards of education, clerks and treasurers of boards of edu- 
cation or other local school officers, county treasurers and 
clerks of boards of education copies of all reports by them 
required to be made, and all such other ioformation in rela- 
tion to the funds and condition of schools, and the manage- 
ment thereof, as he may deem important. 

Sec. 107. He shall prescribe suitable forms and regula- 
tions for making ail reports and conducting all necessary 
proceedings under this act, and shall cause the same, with 
such instructions as ha shall deem necessary and propar for 
the organization and government of schools, to be transmit- 
ted to the local school officers, who shall be governed in 
accordance therewith. 

Sec. 108. He shall cause as many copies of the laws as 
may be necessary, relating to schools and teachers' institutes, 
with an appendix of appropriate forms and instructions tor 
carrying into execntioa all such laws, to be printed in a sep- 
arate volume, and distributed to each county with the laws, 
journals and other d icuments for-the use of the school officers 
thereiu, as often after the first distribution as any change ia 



35 



said laws may be made of sufficient importance, in the opin- 
ion of the commissioner, to require a republication and dis- 
tribution thereof. ' 

Sec. 109. It shall be the duty of said state commissioner 
of common schools to make an annual report, on or before 
the twentieth day of January in each and every year, to the 
general assembly, when that body shall be in session any 
such year 5 and when not in session in any one year, then the 
report shall be fnade to the governor, who shall cause the 
same to be published^ and shall also communicate a copy 
thereof to the next general assembly. 

Sec. 110. The state commissioner, in the annual report 
of his labors and observations, shall present a statement of 
the condition and amount of all funds and property appro- 
priated to purposes of education ; a statement of the number 
of common schools in the state, the number of scholars at- 
tending such schools, their sex, and the branches taught ; a 
statement of the number of private or select schools in the 
state, so far as the same Cdin be ascertained, and the number 
of scholars attending sach schools, their sex, and the branches 
taught ; a statement of the number of teachers' institutes, 
the number of teachers attending them, and the number of 
instructors and lecturers, and the amount paid to each ; a 
statement of the estimates and accounts of the expenditures 
of the public t-chool funds of every description ; a statement 
of plans for the management and improvement of common 
schools, and such other information relative to the educa- 
tional interests of the state as he may think of importance. 

Sec. 111. The said commissioner shall be entitled to re- 
ceive for his services the sum of two thousand dollars annu- 
ally, payable quarterly, out of the state treasury, on the 
warrant of the auditor of state : Provided, that the term of 
office of the state commissioner of common schools now in 
office shall contiaue until the second Monday in January, in 
the year eighteen hundred and seventy-five. 



His annaal 
report. 



What it shall 
present. 



[See supple- 
mentary act 
passed March 
23, 1875, p. 51.] 



Salary of com- 
missioner. 



When his term 
of office shall 
commence. 



CHAPTER IX. 



TBACHEES' INSTITUTES — COUNTY INSTITUTES. 

Sec. 112. In every county of this state, in which aa asso- 
ciation of teachers of common schools, called a teachers' 
institute, has been or may hereafter be formed, the treasurer 
of said county is hereby required to pay over to the commit- 
tee of said institute, upon the order of the county auditor, 
such sum of money belonging to the fand arising from the 
means and sources as provided in the ninety first, one hun- 
dred and first, and one hundred and eighteenth sections of 
this act, as may not have been previously appropriated ; and 
it shall be the duty of the said committee of every such teach- 
ers' institute to repoit, within thirty days after every meeting 
of the same, to the state commissioner of common schools, the 
number of teachers in attendance, the names of the instruc- 
ors and lecturers, an account of the moneys received and 
expended by them, and sach other information relating to the 



What funds 
to be paid by 
county treasur- 
er to committee 
of institute. 



36 



"WTien fands 
to be paid. 



Bond of coni' 
mittee. 



Duty of prose- 
cuting attcar- 
ney. 



Length of 
session. 

When state 
commissioner 
may hold tnsti- 
tnte. 



Certain clerks 
of boards of 
education may 
hold institate. 



Teacher may 
dismiss school 
to attend msti- 
tnte. 



institute as the said commissioner may require : Provided^ 
that no part of the said moneys shall be ordered by the 
county auditor to be paid over, except upon the petition of 
at least thirty practical teachers, residents of the county, 
who shall therein declare their intention to attend such insti- 
tute, nor until the said committee shall file with the said 
auditor their bond, in double the amount of moneys to come 
into their hands, payable to the state of Ohio, for the use of 
the teachers' institute of said county, with sufficient sureties, 
to be approved by said auditor, conditioned for the faithful 
disbursement of said moneys, and that said committee shall 
make the report to the state school commissioner as herein- 
before provided ; and in G£sse the said committee shall fail to 
make said report as hereinbefore provided, they shall forfeit 
and pay to the state of Ohio the sum of fifty dollars for such 
failure, to be recovered in an action on said bond as herein- 
after provided ; and on forfeiture of such bond, it shall be 
the duty of the prosecuting attorney of the proper county, 
in the name of the siate of Ohio, to prosecute an action upon 
such bond and collect any such moneys which said committee 
may have failed to disburse according to law, or any penalty 
to which they may be liable under this act, or both, and pay 
the same into the county treasury for the use of such institute. 

Sec. 113. No institute held under the provisions of this, 
act, shall continue for a period of time less than four days. 

Seo. 114. Whenever there shall have been no teachers' 
institute held within two years in any county, the state com- 
missioner of common schools may hold, or cause to be held in 
such county, a teachers' institute, and is authorized to defray 
the expenses of said institute out of the county institute fund, 
and the county auditor shall draw an order on the treasurer 
in favor of the committee chosen at such institute, said com- 
mittee giving the same bond as required in this act. 

Sec. 115. The clerk of the board of education of a city 
district of the first class shall make the same report of any 
teachers' institute provided for by the board of education as 
is required of county teachers' institutes. 

Sec. 116. Bach teacher employed in the common schools 
of this state, shall have a right to dismiss his or her school 
without forfeiture of pay on New Year's day, the Fourth of 
July, Christmas, and on any day set apart by proclamation 
of the president of the United States, or the governor of Ohio, 
as a thanksgiving or fast day. 

Sec. 117. Any teacher in any public school is hereby 
authorized to dismiss the school under his or her charge for 
the week in which is held the county teachers' institute for 
the purpose of attending the same, and such teacher shall 
not forfeit his or her pay for su®h week ; provided, such 
teacher shall deposit with the clerk of the board a certificate 
from the secretary of the institute that he or she has been 
present at such institute for not less than four days; pro- 
vided, that this privilege is not extended to teachers iu city 
districts of the first class without the consent of the board of 
education thereof, and that no union or graded school shall 



37 



be dismissed except \s^. n a majority of the teachers in such 
school are in favor of such dismission. 

CITY INSTITUTES. 



Sec. 118. The board of education of any city district of city institute. 
the fiist class ara authorized to provide for holding yearly an 
institute for the improvement of the teachers of the schools 
under their control, which institute shall continue not less 
than four days, and the board are hereby authorized in de- 
fraying the expenses of such institute to use the city institute 
fund arising from the examination fees of teachers, or any 
other moneys under their control; provided, that if said board 
shall not hold one institute in any school year, that said board 
shall cause an order to be issued on the treasurer in favor of 
the county treasurer for such institute fund, which the county 
treasurer shall place to the credit of the county institute fund, 
in which case the teachers ot such city district shall be entitled 
to the advantages of the county institute. 

Sec. 119. Whenever a teachers' association, formed for 
the professional improvement of the teachers of several adja- 
cent counties, shall organize a teachers' institute for the 
specific purpose of providing for the professional instruction 
of the teachers of the graded schools in such adjacent coun- 
ties, any and all boards of education of city districts of the 
first and second class, village districts and special districts 
within said counties shall hav power to contribute to such 
institutes from the institute and other funds under their con- 
trol, and to permit the teachers employed by them to attend 
the same for one week without forfeiture of wages. 



Length of ses- 
sion. 



May unite with 
county insti- 
tutes. 



Teachers' asso- 
ciation for spe- 
cial instmction. 



CHAPTER X. 



APPORTIONMENT OF SCHOOL FUNDS. 

Sec. 120. The auditor of state shall, annually, apportion 
the common school funds among the different counties upon 
the enumeration and returns made to him by the state com- 
missioner of common schools, and certify the amount so 
apportioned to the county auditor of each county, stating 
from what sources the same is derived, which said sum the 
several county treasurers shall retain in their respective 
treasuries from the state funds ; aad the county auditors 
shall, annually, and immediately after their annual settle- 
ment with the county treasurers, apportion the school funds 
for their respective counties, according to the enumeration 
and returns in their respect! v^e offices; and no district which 
shall have failed to make and return said enumeration, shall 
be entitled to receive any portion of the common school funds, 
and, in making such distribution, each county auditor shall 
apportion all moneys collected on the tax duplicate of any 
township, for the use of schools, to such township ; all moneys 
received from the state treasury on account of interest on the 
money accruing from the sale of section sixteen, or other 



state auditor 
to apportion 
school funds. 



County audit- 
ors to apportion 
funds in coun- 
ties, and how. 



38 



Shonld give 
orders to school 
treasurers on 
coimty treas- 
xirers. 



When part of 
Sec. 16 lies in 
two counties. 



Interest on sec- 
tion 16. 



lands in lien thereof, to the school districts and parts of school 
districts in the original surveyed township, or fractional 
townships, to which such land belongs ; all money received 
by the county treasurer, on account of the Virginia Military 
School Fund, United States Military District, and Connecti- 
cut Western Eeserve, according to laws regulating the same; 
and all other moneys for the use of schools in the county, and 
not otherwise appropriated by law, to the proper school dis- 
trict ; and he shall, immediately after making said appor- 
tionment, enter the same in a book, to be kept for that pur- 
pose, and shall furnish the school treasurers and school clerks 
each with a copy of said apportionment, and give an order on 
the county treasurer to each school treasurer for the amount 
of money belonging to his school district, and take a receipt 
from such treasurer for the amount thus received; and the 
said county auditor shall collect, or cause to be collected, th« 
fines and all other moneys for school purposes, in bis county, 
and pay the same over to the county treasurer ; and he shall 
inspect all accounts of interest for section sixteen, or other 
school lands, whether the interest is paid by the state or by 
the debtors, and take all the proper measures to secure to 
each school district its full amount of school funds. 

Sec. 121. When any original surveyed township, in which 
section sixteen has been sold, shall lie in two or more coun- 
ties, the auditors of the respective counties shall certify to 
the auditor of the county in which that portion of said town- 
ship lies containing said section sixteen, the enumeration of 
youth of school age in that part of said township embraced 
within their respective counties; and the auditor of said 
county in which said section sixteen i« situate shall appor- 
tion the fuDd derived from said section sixteen to the differ- 
ent portions of said township, according to said enumeration, 
and shall certify to the auditors of the other counties the 
amount belonging to the parts of said township situate in 
the school districts of their respective counties, and draw an 
order in favor of the treasurers of the other counties on the 
treasurer of his own county for the amount going to each ; 
and the auditors of the respective counties shall apportion th« 
same, in their respective counties, to such portions or parts 
thereof as may be entitled thereto. 

Sec. 122. The interest on the purchase of any such see- 
tion sixteen belonging to any such original surveyed town- 
ship so as aforesaid lying in two or more counties, shall be 
paid over on the order of the auditor of that county in which 
such section sixteen is embraced, to the treasurer of the 
same county, to be apportioned as is pointed out in the pre- 
ceding section. 



Anditor to 
make abstract 
to state com- 
missioner. 



CHAPTEE XT. 

DUTIES OF COUNTY AUDITOES. 

Sec. 123, The auditor of each and every county shall, o» 
or before the 5th day of November, annually, make out and 
transmit to the commissioner of common schools at Colum- 
bus, an abstract of all the returns of school statistics made 



39 



to him from the several school districts in his county accord- 
ing to the form that may be prescribed by the state commis- 
sioner, and a statement of the condition of the institute fund, 
and such other facts relating to schools and school funds as 
said commissioner may require; and he shall cans® to be 
distributed all such circulars, blanks and other papers, in- 
cluding school laws and documents, in the several school dis- 
tricts in the county as said commissioner shall lawfully re- 
quire ; in case the county auditor should neglect to prepare 
and return any of the abstracts or reports as aforesaid, it 
shall be the duty ef tbe county commissioners to withhold 
from him all compenisation for his services under this act ; 
and said auditor shall also be liable for such, neglect on his 
bond in a sum not less than three hundred dollars nor more 
than one thousand dollars, on complaint of the state commis- 
• isioner of common schools ; and in case the clerk of the board 
of education of any school district sball fail to make the an- 
nual returns of school statistics to the proper county auditor 
required by this act, he shall be liable on his bond in a sum 
not less than fifty dollars nor more than three hundred dol- 
lars, on complaint of the county auditor or of the board of 
education, in either case, to be recovered in a civil action in 
the name of the State of Ohio, and when collected to be paid 
into the county treasury, and applied to the use of common 
schools in the proper district. And in case of the neglect 
or failure of the clerk of tbe board of education of any school 
district to make the reports as contemplated in this act, and 
by the time specified, then and in that ease the county au- 
ditor shall appoint some suitable person, resident of the 
school district, to make such report, who shall receive his 
compensation in the same manner for said service as is 
allowed to those officers by law for like services. 

Sec. 124. The clerks and county auditors shall be re- 
sponsible for all losses sustained by any school district or 
eounty, by reason of any failure on their respective parts to 
make and return the enumeration and abstracts thereof as 
herein provided, and shall each be liable for the same, in 
a civil action, at the suit of the State of Ohio ; and the amount 
so recovered shall be apportioned in the same manner as the 
school funds would have been to the respective counties or 
school districts, as the case may be. 

Sec. 125. The county commissioners of each county in 
this state shall annually allow their county auditor a reasona- 
ble compensation for his services under this act, not to ex- 
ceed ten dollars for each school district in his county, to be 
paid out of the county treasury ; provided, that before such 
allowance shall be made for any one year, said auditor shall 
present to said county commissioners a statement, officially 
eertified and signed by the state commissioner of common 
schools, that said auditor has duly made out and forwarded 
to said state commissioner all returns of statistics or reports 
for that year as required by this act. 



Liable on his] 
bond for neg- 
lect of duties. 



WTiea clerks 
liable on their 
bond. 



When anditoF 
shonld appoint 
person to mak® 
report. 



Atiditor llabS© 
for losses. 



Allowance to 
county audit&s^ 



40 



Tax for school 
fond, and how 
distributed. 



CHAPTEE XIL 

STATE COMMON SCHOOL FUND. 

Sec. 126. For the purpose of affording the advantages of 
a free education to all the youth oi this state, the state com- 
mon school fund shall hereafter consist of such sum as will 
be produced by the annual levy and assessment of one mill 
upon the dollar valuation, on the grand list of the taxable 
property of the state ; and thsre is hereby levied and assessed 
annually, in addition to the revenues required for general pur- 
poses, the said one mill upon the dollar valuation as afore- 
said ; and the amount so levied and assessed, shall be col- 
lected in the same manner as other state taxes, and when so 
collected shall be annually distributed to the several counties 
of the state, in proportion to the enumeration of youth of 
school age, and be applied exclusively to the support of pub- 
lic or common schools. 



Fund estab-j 
Mshed. 



Auditor of state 
to be superin- 
tendent. 

And how to 
keep account of 
fonds from sale 
of school lands. 



Irreducible.' 



Kate of interest 
and account 
thereof ; 



CHAPTER XIII. 
SCHOOL FUNDS AND SCHOOL LANDS. 

Sec. 127. There is hereby constituted and established a 
fund, to be designated by the name of the " common school 
fund," the income of which shall be appropriated to the sup- 
port of common schools in the State of Ohio, in such manner 
as shall be pointed out by law ; of which fund the auditor of 
state shall be superintendent. 

Sec. 128. That whenever and so often as any moneys 
shall be paid into the state treasury, arising from the sale of 
any lands which heretofore have been or hereafter may be 
appropriated by congress for the use or support of schools 
in any original surveyed township, or other district of coun- 
try in this state, the auditor of state shall forthwith open an 
account in a book or books to be provided for that purpose, 
and shall pass the said moneys to the credit of such town- 
ship, or other district of country ; which said money shall 
constitute an irreducible fuad, the proceeds accruing from 
which shall be paid over and appropriated in the manner 
which shall be pointed out bylaw, for the support of common 
schools within the township, or other district of country 
having credit for the same, and said funds shall be used for 
no other purpose whatever. 

Sec. 129, That all moneys paid into the state treasury as 
aforesaid, shall bear an annual interest of six per centum, 
which interest shall be cast from the time of the payment of 
any principal sum, up to the first day of January next suc- 
ceeding such payment, and on the first day of January, an- 
nually, thereafter ; and where the same has not been done, 
the auditor of state shall, in a book or books to be provided 
for that purpose, open an interest account with every town- 
ship, or other district of country to which a credit in the 
irreducible fund aforesaid shall have been passed ; and he 
shall, in such book or books, keep accurate accounts of the 
accrual and disbursement of all interest accruing from such 
fund, so as aforesaid belonging to any township or district 



41 



of country ; and the faith of the state of Ohio is hereby 
pledged for the annual payment of the interest aforesaid to 
the person who and in the manner which shall be pointed out 
by law ; which said interest shall be appropriated and expend- 
ed lor the support and maintenance of common schools 
within the township or other district of country entitled as 
aforesaid to the same. 

Sec. 130. That for the payment of any interest that shall 
have accrued and be payable to and for any township or 
other distiict of country as aforesaid, the county auditor of 
the proper county shall, annually, on or after the firsu day of 
January, draw an order on the treasurer of state in favor of 
the treasurer of the proper county for the interest which 
shall be payable in such county ; and upon such order being 
presented to the auditor of state, he shall thereupon certify 
an abstract of the amount of interest payable to each town- 
ship or other district of country in such county ; and there- 
upon, on presentation of said order, the treasurer of state 
shall pay the amount of interest appearing by said abstract 
to be due ; and the said county treasurer, or the person pre- 
senting said order for him, shall indorse on said order a 
receipt for so much as shall be paid thereon, and shall also 
sign a duplicate receipt, which shall be lodged with the audi- 
tor of state, who shall credit the state treasurer therewith, 
and charge the several items constituting the aggregate of 
such abstract to the proper township or other district of 
country ; and the money so drawn shall be paid out by the 
county treasurer on the order of the county auditor, in the 
proportion established by law, to the proper person or per- 
sons in each school district authorized to receive the same. 
And in all cases in which a county line shall divide any 
original surveyed township, or fractional part thereof, the in- 
terest payable in such township shall be received and dis- 
bursed in manner aforesaid, by the treasurer of the county 
wherein the greatest quantity of land belonging to such 
township shall be situate ; but if it be uncertain in which 
county the greatest quantity of land in such township be sit- 
uate, then the said interest shall be received and disbursed 
by the the treasurer of the oldest county in which any part 
of such township shall be situate. 

Sec. 131. That whenever any donation or devise shall be 
made by gift, grant, last will and testament, or in any other 
manner whatever, of any estate, either real, personal or 
mixed, to the state of Ohio, or to any person, or otherwise, 
in trust for the said common school fund, by any individual, 
body politic or corporate, the same shall be vested in said 
common school fund; and whenever the money arising from 
such gift, grant or devise, shall be paid into the state treas- 
ury, the proper accounts thereof shall be kept, and the inter- 
est accruing therefrom shall be appropriated according to the 
intent and design of such donor, grantor or devisor. 

Sec. 132. The state is hereby pledged to pay, annually, 
the interest arisiog from the money paid into the state treas- 
ury from the sales of the lands commonly called the salt 
lands, and the said interest shall be annually distributed in 



Pledge for ita 
payment ; 



Its appropria- 
tion; 



Order therefor 
and payment 



Keceipts, etc 



Distribution. 



DoHatione and 
bequests to 
comaioi' schoo 
fund. 



Salt lands ; 
for interest on. 



42 



Section sixteen 
via,j be sold. 



Proceedings, 
when vote haa 
not been taken. 



Trustees mar 
authorize sub- 
sequent vote. 



Trustee* of 
townships to 
preside at meet- 

Poll-book, how 
kept. 

Poll-book to be 
deposited with 
auditor. 



Trustees to 
petition court 
of common 
pleas. 



Appointment of 
appraisers. 



the same manner as is provided for the distribution of the 
state tax for the support of common schools. 

CHAPTER XIV. 

SALE OP SEC5I0N SIXTEEN. 

Sec. 133. That all those lands granted by the congress of 
the United States for school purposes, known as section six- 
teen, together with all such as have been granted in lieu of 
said section sixteen, may be sold, and such sale shall be regu- 
lated and conducted according to the provisions of this act. 

Sec. 134. In cases where there has been no vote taken 
for the sale of any such land, the trustees of any original 
surveyed township to which such lands may belong, shall, 
at least thirty days prior to the taking of any such vote, 
cause not less than eight notices to be posted up in as many 
of the most public places of such township, notifying the 
legal voters resident therein to meet at some convenient 
place and time therein specified, and then and there cast 
their ballots for or against the sale of any such lands belong- 
ing to such township; and if such vote result in a refusal to 
sell said lands, the trustees may, in the same manner, author- 
ize the taking of a subsequent vote or votes as often as they 
may deem proper ; provided, that no such subsequent vote 
shall be taken until one year shall have elapsed since the last 
preceding vote. 

Sec. 135. The. trustees of the township shall preside at 
the taking of such ballots, and shall appoint two clerks, who 
shall keep two poll- books, containing the names of the voters 
and the result of the ballot, which poll-books shall be signed 
by the trustees and clerks ; and in case such ballots shall 
result in favor of a sale, the trustees shall, within ten days 
after such election, deposit one of said poll books with the 
auditor of the county within which said lands (or the greater 
portion thereof) may be situated, with a copy of the notice 
given, and the affidavit of one or more of the trustees, stating 
the manner of giving said notices, and the time and place of 
putting up the same, which notices, affidavit and poll-book, 
shall be by said auditor copied into a book for that purpose 
to be provided, and when so recorded, such record shall be 
proof of the facts therein stated. 

Sec. 136. When such record has been made, the trustees 
of such township to which said lands belong, shall file a peti- 
tion in the court of common pleas of the county within which 
said lands (or the greater portion of them) may be situate, 
setting forth the giving of said notice, the taking of said 
ballot, the result of the same, the filing and recording of the 
aforesaid papers in the ofiice of the auditor of the proper 
county, and asking the court to appoint three disinterested 
freeholders, not resident of the township in which the land 
may be situated, to divide and value the same in money. 

Sec. 137. If sach court shall be satisfied thac the state- 
ments made in the petition are true, the court shall appoint 
three persons to divide and appraise the same according to 



43 



Eetnms, et«., 
to be reoordoi. 



the prayer of such petition ; and said appraisers, after being 
first duly sworn before some officer authorized to administer 
oaths, and taking to their aid, if they think necessary, the 
eounty surveyor, shall proceed to divide said lands into such 
parcels or tracts as in their opinion will be best for the sale 
thereof, and return in writing such divisions, suitably num- 
bered and described, to the said court, with a just valuation 
of each separate division in money. 

Sec. 138. The cour^, on such return being made, and 
having been by said court examined, and found in all things 
regular, just and fair, shall certify the same, and order the 
same to oe entered of record, together with the petition and 
all the proceedings therein had ; a copy of which the trustees 
shall cause to be filed in the office of the auditor of the proper 
county, who shall copy the same into a book containing the 
notice, affidavit and poll-book aforesaiS, and immediately 
followiog the same. 

Sec. 139. The auditor of the county, on the recording of Theaais, 
said proceedings, shall forthwith cause a notice to be pub- 
lished in some newspaper of general circulation in said 
county, for five consecutive weeks before the day of sale; 
and, at the same time, by posting up copies of such notice 
in six of the most public places in said county, two of which 
shall be in the township where the lands are situate, and one 
at the court house, containing a desciiption of the lots or 
lands to be sold, the valuation thereof, and the time when 
said land shall be offered at public auction by said auditor, 
at the door of the court house, at not less than the appraised 
value thereof 5 one-third of the purchase money to be paid at 
the time of sale, and the balance in two annual installments 
of equal amount, with interest payable annually thereon; 
and said auditor shall, at such time and place, proceed to 
effer the same to the highest bidder, at or over the appraise- 
ment, and on the terms stated in said notice. 

Sec. 140. In case said lands, or any part thereof, shall 
not be sold as aforesaid, the auditor may continue to offer 
the same on the application in writing of the trustees of the 
township to which said lands may belong, at any future time 
or times, until they shall be sold, h-'ving first given the like 
notices herein provided to be given. on the first sale thereof; 
provided, that no sale shall be had on any valuation made 
more than two years prior to the day of the sale. 

Sec. 141. The court of common pleas aforesaid is hereby 
required, on the petition of the trustees aforesaid, setting 
forth the former appraisement and the subsequent proceed- 
ings thereto, and that two years have elapsed, and the land 
remaining unsold, to direct a nevv valuation of the same to 
be made in the manner hereinbefore directed, unless said 
court, on testimony, shall be satisfied that the former ap- 
praisement is a just and fair valuation of said lands ; in that 
ease, the court shall make an entry of the fact, which entry 
shall be certified to and recorded by the auditor in manner 
aforesaid, and shall have the same effect as the new appraise- 
ment. 

Sec. 142. In case said lands are held under permanent 



Ee-apprai««- 
ment. 



44 



In case of per- 
Biament ' 



Same. 



Payments'to 
county treas- 
Brers, etc. 



1 'ases, or leases for niQety-nine years, the legal or equitable 
hclde f li ' i: 3h lease, wishing to sarrender the same, and 
to pnrr^a^^? t^e fee of the premises so held by lease, may, with 
the consent of the trustees of the original township to which 
such lands be! >ag, file his petition in the court of common 
pleas of the co nty in which the largest portion of such 
lands are situate, ,^ Uing forth a description of the premises 
so held, the state ot i ^s lease, or his title thereto, that he is 
desirous of surrenderiL. such lease and becoming the owner 
of the premises in fee, and asking the court to appoint three 
disinterested freeholders of the county, and not resident of 
the township wherein such lands are situate, to value the 
same; and the court on being satisfied of the truth of the 
fact set forth in such petition, shall appoint such appraisers, 
who shall proceed under oath, to make a just valuation of 
the premises in money, without reference to the improve- 
ments made thereon, under and by reason of said lease, and 
shall return such valuation in writing to said court ; and the 
said court, if it shall be satisfied that said valuation is just, 
shall confirm the same, and order it, with the petition and 
other proceedings therein, to be recorded : Provided, that 
before the trustees of any original surveyed township shall 
consent to the surrender of any lease as provided in this 
act, they shall cause the proposition to be submitted to the 
electors of said township, at an election to be held and con- 
ducted in conformity with the provisions of sections one hun- 
dred and thirty-iour and one hundred and thirty-fiv^e of this 
act; and, if at such election, a majority of the electors shall 
vote for such surrender, then, and not otherwise, said trustees 
shall consent to the surrender, in manner and form as herein 
provided. 

Sec. 143. Any such lessee on producing to the auditor of 
the proper county, within one year after the making of the 
same, a certified copy of such petition and appraisement and 
confirmation, shall be permitted by endorsement thereon, 
attested by the auditor, to release to the state of Ohio all 
his interest, title, and claim in and to such lease, for the 
benefit of the township to which the same may belong; which 
certified copy of said record and said release, shall be re- 
corded in a book for that purpose to be provided. 

Sec. 144, The purchaser of any such lands at anv audi- 
tors's sale, or the lessee of any such land held under such 
lease, on executing his release as aforesaid, shall each forth- 
with pay to the treasurer of the county, one-third of the 
purchase money in the first case, and one-third of the valua- 
tion in the second, and take the treasurer's receipt therefor; 
and the auditor on receiving the treasurer's receipt for said 
first installment, shall give to said purchaser or lessee, a cer- 
tificate, containing the name of the purchaser or lessee, a 
description of the premises, the number, amountj and the 
time of payment of the subsequent installments, and that 
said purchaser or lessee, his heirs or assigns, on the punctual 
payment of the sums still due, with annual interest up to the 
time of payment, shall be entitled to receive a final certificate 
from such auditor ; provided, that such lessee shall produce 



45 



to the auditor the certificate of the proper officer, that all 
rents due on such premises have been paid up to the time of 
surrendering said lease. 

Sec. 145. Any person wishing to pay any money under same. 
the provisions of this act, in part or full payment of any such 
lands, shall first obtain the certificate of the auditor of the 
amount due, or to be paid ; and on the presentation of the 
same, the treasurer is authorized to receive the amount 
therein specified, and shall give to the person paying the 
same a certificate directed to the auditor, of the payment of 
said sum of money ; and -the auditor on the presenraSion of 
said certificate, shall give to such person a receipt therefor, 
credit him with the amount in his books, and charge the 
treasurer therewith. 

Sec. 146. The county auditor shall keep an account with 
the county treasurer of all sales made and leases surren- 
dered, and moneys paid thereon by each purchaser or lessee, 
and shall make a report of the same to the auditor of state 
on the first day of February, May, August and November in 
each and every year, which report shall distinguish between 
the amount paid in as principal and the amount paid in as 
interest, and from the time of such report the state shall be 
liable to pay interest on all such sums of principal so reported 
as paid, and the treasurer of state, on receiving a certified 
copy of the account from the auditor of state, shall be au- 
thorized immediately to draw said money paid in as princi- 
pal, from the county treasurer ; and the amount so reported 
as interest shall be retained in the county treasury and appor- 
tioned to the several civil townships and parts of civil town- 
ships in the original surveyed township, or fractional town- 
ship to which said lands belong. 

Sec. 147. If any such purchaser or lessee shall fail to 
make any payment on any tract of land, for the space of 
twelve months after the time the same shall become due and 
payable, the auditor of the proper county shall forthwith 
proceed to sell such tract or tracts of land, with all tbe im- 
provements thereon, at the door of the court house, to the 
highest and best bidder therefor, in cash, having first given 
notice of the time and place of such sale, containing a de- 
scription of the lands, and the money due and to become due 
thereon, by publishing the same in some newspaper of gen- 
eral circulation in said county, for six consecutive weeks 
before the day of sale; and on such sale, no bid shall be 
entertained for a sum which will not be sufficient to pay all 
the purchase moaey due to the state, and all expenses inci- 
dent to such sale ; and in case the said premises can not be 
sold for that amount, they shall revert to the state, in trust 
for said township, and be sold in the manner hereinbefore 
provided for the sale of such lands not under permanent 
leases, or leases for ninety- nine years. 

Sec. 148. When said lands sell as aforesaid, the purchaser same. 
shall pay to the treasurer of the county the amount so bid 
for said premises ; and on producing to the auditor the treas- 
urer's receipt for such jiajmeat, the auditor shall give him a 
final certificate, stating the fact of such sale, the name of the 



County auditor 
to report sales 
to auditor of 
state 



Enforcing pay- 
ment by sale, 
etc. 



Tioal eertifl- 
(Hrte. 



Beed^from ^the 
state. : ,-, „^< 



Bioess of ' '"^^ 
money oh delin- 
qaoMt sale. 



Fees 



S««tian twenty 
laiae. 



Certain caJea of 
Motion sixteea 
Mid Vvrwity- 



purchaser, the description of the lands sold, the amount for 
which sold, the payment of the same, and that the purchaser 
is entitled to receive from the state of Ohio, a deed in fee 
simple for the same, on producing to the proper officer this 
certificate. 

.Sec. 149. When the purchaser or lessee, his heirs or 
assigns, shall have made payment in full, the auditor shall 
give to such person a fisiial certificate, containing, in addition 
to the former one, the fact of the payment in lull, and that 
said person is entitled to receive, from the state of Ohio, a 
deed in fee simple for said premises, on the presentation of 
this certificate to the proper officer or officers. 

Sec. 150, The auditor of state, upon the filing of any such 
fiaal certificate in his office, shall make out the draft for a 
deed therefor, and deliver the same, with such final certifi- 
cate, to the governor of the state, who shall sign said deed, 
and cause the same to be sealed with the great seal of the 
state, and by him delivered to the grantee on demand. 

Sec. 151. All excess of moneys made on any sale of delin- 
quent lands as aforesaid, after paying all" sums due, interest 
and costs, shall be paid on demand t@ such delinquent owner, 
his heirs or assigns, from the county treasury, on the order of 
the auditor,, if such demand be made within one year from 
the time of such sale ; and if not so demanded, it shall be 
paid into the state treasury ; and unless the same shall be 
demanded within one year, after the same shall have been 
paid 'into the state ireasiiry, it shall be applied for the same 
uses as the lands are subject to. 

Sec. 152. The fees for services under this act shall be as 
follows : The court shall tax such fees on any petition filed 
in the same, as are allowed for similar services on proceed- 
ings in chancery. The county auditor to be allowed one dol- 
lar and fifty cents on each sale made by him ; for each cer- 
tificate, fifty cents; for each receipt six cents, to be paid by 
the purchaser, and the same fees lor recording as are allowed 
to county recorders, to be paid out of the first moneys paid 
in as interest or rents on such sale or surrender. All printers' 
fees for advertising, shall be paid out of the county treasury 
on the order of the auditor, and refunded out of the first 
moneys received ou such sale as interest or rents. The cost 
in court shall, in case of a petition by the trustees, be paid 
out of the county treasury, on the order of the county audi- 
tor, and refunded out of the first moneys received from the 
sale as interest or rents; in case of a lessee being petitioner, 
ail costs shall be paid by him. 

Sec. 153. That all those lands granted by the congress of 
the United States for religious purposes, known as section 
twenty-nine, may be sold or the permanent leases thereto 
surrendered, and that said sale or surrender shall be regu- 
lated by and conducted according to the provisions of this 
act in relation to the sale of school lands 'and the surrender 
of permanent leases thereto. 

Sec. 154. That section sixteen, donated and set apart for 
the support of schools, and section twenty-nine, for the pur- 
pose of religion, or lands granted in lieu of either, by the 



47 



directors of the Ohio Company, on the seventh day of Janu- 
ary, A.D. 1796, in the following original surveyed townships 
within the Ohio Company's purchase, to wit : Township num- 
ber eight, in range number twelve; (township number seven, 
in range number thirteen ; township number eleven, in range 
number fourteen ; township number thirteen, in range num- 
ber fifteen ; and townships number eight, nine, ten, eleven, 
twelve and thirteen, in range number sixteen, may be sold, 
or the leases thereto, whether permanent or otherwise, sur- 
rendered) and that said sale or surrender shall be regulated 
by and conducted according to the provisions of this act, and 
the lessees of any of said lands holding leases for any term 
less than ninety-nine years, shall be permitted to surrender 
their said leases in the same manner, and be entitled to all 
the benefit of the said act as if their leases were for ninety- 
nine years. 

CHAPTER XV. 



MANNER OF CHANGINa TOWNSHIP DISTRICTS. 

Sec. 155. The board of education of any township school 
district may decide to submit, and on petition of oae-third of 
the electors of the district are required to submit, at the first 
election of township officers after such decision is made or 
petition received, the qaescion whether such township school 
district shall be governed by the provisions of this act relating 
to village school districts, and the board shall give notice of ■ 
the vote to be taken by posting up written or printed notices 
in ten or more public places in the township at least twenty 
days prior to such annual election. 

Sec. 156. The election shall be conducted by the township 
trus!;eeSi who shall proyide a separate ballot-bos and poll- 
books, and make a return of the fote to the township clerk, 
and also to the state commissioner of common schools within 
five days after such election. The persons voting at such 
election in favor of such change shall have written or printed 
on their ballots—" School District," and those opposed to 
such change — " No School District." 

Sec. 157. At the annual organization of the township 
board after any such election, if it be found that a majority 
of the votes cast were in favor of the chauge, the board shall 
select, by vote or lot, six persons to serve as a township 
board of education, two of whom shall serve for three years, 
two for two years, and two for one year. Said board shall 
thereafter ' be goveias'l bv th© provisions relating to the 
board of edacatioa in ; .ilage school districts. 

CHAPTER XVI. 

acts ejl pealed. 

Sec. 158. That the act ent.tled "An act for the support 
and better regulation of the public schools ia the town of 
Zanesville," passed March 12, 1839, and all acts amendatory 
or supplementary thereof; the act entitled " An act to divide 
the town of Lancaster into school districts," passed March 



To-wnsbip dis- 
tricts may 
adopt provis- 
ions of law tor 
village dis- 
tricta. 



How vota maj 
be taken. 



How board 
organized. 



Ac's r6|>6t.l«i. 



48 

13, 1843, (40 vol., Stat. 216,) and tlie act entitled " An act for 
the support and better regulation of common schools in the 
town of Lancaster, Ohio," passed February 19, 1848, (46 
vol., Stat. 199,) and all acts amendatory and supplemeotaiy 
thereof; the act entitled " An act for the support and better 
regulation of common schools in the city of Columbus, 
passed February 3, 1845, (47 vol., Stat. 230,) and all acts 
amendatory and supplementary thereof; the act entitled 
" An act to provide for the support and regulation of public 
schools in the city of Cleveland," passed March 26, 1850, (65 
vol., Stat. 236,) and all acts amendatory or supplementary 
thereof; the act entitled " An act to provide for the main- 
tenaece and better regulation of common schools in the city 
of Cincinnati," passed January 27, 1853, (51 vol, Stat. 503,) 
and all acts amendatory or supplementary thereof; so much 
of the act entitled " An act in relation to taxes, schools and 
sewers in the city of Toledo," passed March 9, 1849, (47 vol. 
Stat. 205,) and all acts amendatory or supplementary thereof 
as may relate to common schools in said city ; the act enti- 
tled "An act to provide for the reorganization, supervision 
and maintenance of common schools'," passed March 14, 1853, 
(51 vo). Stat. 429,) and all acts amendatory or supplementary 
[Seepage 55.1 thcrcof, exccpt sectiou thirtj-oue of said act, as amended 
March 18, 1864; the act entitled " An act to establish a fund 
for the support of common schools," passed March 2, 1831, 
took eiJect June 1, 1831, -(29 vol. Stat. 423,) and all acts 
amendatory or supplementary thereof ; the act entitled "An 
act for the support and better regulation of common schools 
in the town of Akron," passed February 8, 1847, (45 vol. Stat. 
187,) and all acts amendatory or supplementary thereof, or 
extending the provisions of the same ; the act entitled " An 
act for the 'setter regulation of the public schools in cities, 
towns, etc.," passed February 21, 1849, (47 vol. Stat. 22,) and 
all acts amendatory or supplementary thereof; the act enti- 
tled " An act relating to common schools," passed and took 
effect April 10, 1856, (53 vol. Stat. 200,) and all acts amenda- 
tory or supplementary thereof; the act entitled " An act to 
provide for the completion of certain contracs heretofore 
made by school directors," passed February 6, 1854, (52 vol. 
Stat. 17,) and all acts amendatory or supplementary thereof; 
the act entitled " An act to encourage teachers' institutes," 
passed February 8, 1847, (45 vol. Stat. 67,) and all acts amend- 
atory or supplementary thereof or extending the same ; the 
act entitled "An act to provide for the appointment of county 
superintendents of common schools, and defining the duties 
in certain counties therein named," passed February 8, 1847, 
(45 vol. Stat. 32,) and all acts amendatory or supplementary 
thereof or extending the same ; the act entitled " An act 
farther defining the duties of boards of education for incor- 
porated cities, towns, villages, or inde^en^ient school dis- 
tricts," passed and took effect April 4, 1861, (58 vol. Stat. 56,) 
and all acts amendatory or supplementary thereof; the act 
entitled "An act to authorize cities of the second class to 
receive donations of library buildings and libra) ie.«, and to 
keep up and maintain the same," passed and took effect Feb- 



49 

ruary 24, 1868, (65 vol, Stat. 12,) and all acts amendatory or 
supplementary thereof ; the act entitled " An act to author- 
ize certain cities therein described to borrow an additional 
amount of money for school purposes," passed May 4, 1869, 
(66 vol. Stat. 92,) and all acts amendatory or supplementary 
thereof; an act to incorporate school district number one, in 
Perry township, Stark county, passed February 21, 1848, (46 
vol. Stat. 223,) and all acts amendatory thereof and supple- 
mentary thereto ; the act entitled " An act for the support 
and better regulation of common schools in the Lebanon dis- 
trict, in Warren county," passed February 24, 18i8, (46 vol. 
Stat. 237,) and all acts amendatory or supplementary thereof; 
the act entitled " An act for the support and better regula- 
tion of common schools in the town of Lithopolis, Fairfield 
county," passed February 18, 1848, (46 vol. Stat. 185,) and 
all acts amendatory or supplementary thereof; the act enti- 
tled " An act for the support and better regulation of com- 
mon schools in district No. 4, in Washington township, Preble 
county, in this state," passed February 15, 1849, (47 vol. Stat. 
224,) and all acts^amendatory or supplementary thereof; the 
act entitled " An act to divide the town of St. Clairsville, 
Belmont county, into two school districts," passed February 
23, 1849, (47 vol. Stat. 240,) and all acts amendatory or sup- 
plementary thereof; the act entitled " An act for the better 
support of common schools in Perrysburgh, Wood county," 
passed March 9, 1849, (47 vol. Stat. 245,) and all acts amend- 
atory or supplementary thereof; section nine of the act enti- 
tled an act prescribing the rate of taxation for county, bridge, 
road and township purposes, passed May 1, 1871, (68 vol. 
Stat. 116,) and all acts amendatory or supplementary thereof; 
an act for the support and better regulation of schools in 
school district No. 1, in Ravenna, passed February 8, 1847, 
(O. L., vol. 40, p. 121,) and all other acts, whether general or 
local, so far as inconsistent with any of rhe provisions of this 
act, be and the same are hereby repealed ; provided, that the saving, etc. 
obligations or liabilities incurred, and the rights acquired un- 
der the provisions of any of the acts hereby repealed, shall re- 
matin and be in nowise altered or affected, but may be enforced 
as if this act had not been passed. Each district that would 
be required by any act herein repealed to hold an election of 
members of a board of education, or to organize a board of 
education, between the time of the taking effect of this act, 
and the first Monday of April in the year eighteen hundred 
and seventy-four, if a city district of the first or second class, 
or a village district, and the second Monday of April, 1874, 
if a township or special district, shall hold such election or 
effect such organization the same as if this act had not been 
passed ; and the school officers in the several school districts 
of the state shall hold their respective offices and perform 
their respective duties, until the school officers, their respec- 
tive successors, herein provided for, shall have been elected, 
or appointed, as the case may be, and qualified. 



50 

Sec. 159, This act shall take effect on'^the first day of 
May, eighteen hundred and seventy-three. 

N. H. VAN VOEHES, 
Speaker of the Souse of Representatives. 
JACOB MUELLER, 

President oj the Senate. 
Passed May Ist, 1873. 



51 



SUPPLEMENTARY ACTS. 



AN ACT 



Supplerileutary to an act entitled "An act for the re- 
organization and maintenance of common schools," 
passed May 1, 1873 (0. L., Vol. 70, page 195), and the 
several' acts amendiitorj thereto. 

Section 1. Be it enacted by the General Assembly of the 
State of Ohio^ That whenever a complaint shall be made to 
the state school commissioner, in writing, verified by the 
affidavit or affidavits of at least three freeholders and tax- 
payers, resident of any school district in this state, alleging 
that they have good reason to and do believe that any por- 
tion of the school fund of such district has been expended 
contrary to law, or has been fraudulently, unlawfully or cor- 
ruptly used, or misapplied, by any of the officers ®f such dis- 
trict, or that there have been fraudulent entries ih the books, 
accounts, vouchers or settlement sheets thereof, by any of 
such officers, or that any of such officers have not made set- 
tlement of their accounts as required by law, said state 
school commissioner is hereby authorized and required to 
appoint some trustworthy and competent accountant, for the 
purpose of investigating such complaint, who shall proceed 
forthwith to visit such school district and take possession of 
all the books, papers, vouchers and accounts of such district, 
and investigate the truth of the allegations of such com- 
plaint, and the condition of the school fund of such district ; 
and it shall be the duty of the several officers of such school 
district, on the application of such examiner, immediately to 
place in his possession all their books, accounts, contracts, 
vouchers and other papers having reference to tbe receipt 
and disbursement of said school fund ; and it shall be the 
duty of the county auditor and county treasurer to give such 
examiner free access to all th@ records, books, papers, vouch- 
ers and accounts in their respective offices haviag reference 
to the object of such investigation. 

Sec. 2. That such examiner shall have authority to eall 
before him forthwith, upon wiilten notice, and examine wit- 
nesses, under oath, to be administered by such examiner; 
said examiner shall, immediately after completing such 
investigation, report in writing in duplicate setting forth the 
condition of the books, vouchers and accounts of such dis- 
trict, the amount of school funds received for any and all 
purposes, and from whatever source, the amount expended, 
and for what, and the amount actually in the treasury, one 
copy of which report he shall file in the office of the clerk of 
th^ pourt of comnion pleay of the qounty Jn which smh. dis- 



Duty of com. 
missioner on 
complaint of 
fraudulent use 
of money, etc. 



Appointment of 
an accountant 
to investigate 
charges. 



Powers and 
duties of ex« 
aminer. 



62 



His compensa- 
tion. 



Payment 
thereof. 



Adverse report 
of examiner to 
be given in 
charge to grand 
jury- 



Duty of prose- 
cnting attor- 
ney. 



trict shall be situate, and the other copy he shall transmit to 
the state commissioner of common schools at Columbus ; and 
such examiner so appointed and performing the duties re- 
quired by this act, shall receive as compensation a per diem 
of three dollars for each day necessarily engaged in the per- 
formance of said duties, and shall also receive five cents for 
each and every mile by him necessarily traveled in that be- 
half; Provided, no mileage shall be allowed for a greater dis- 
tance than from Columbus to such district. Such compensa- 
tion and mileage shall be paid out of the county treasury 
upon the warrant of the county auditor, and if such investi- 
gation shall establish the truth of any material allegation in 
such complaint, then such amount so paid shall be assessed 
by the county auditor upon the taxable property of said dis- 
trict, to be collected as other taxes are for the use of such 
county treasury. 

Sec. 3. That it shall be the duty of the judge of the 
coart of common pleas of the proper county, to examine the 
report so filed in the clerk's oflSce, as provided in section two 
of this act, and if it shall appear therefrom that any part 
of the common or school fund has been fraudulently, unlaw- 
fully or corruptly used or misapplied, or that there has been 
fraud in any of the entries, accounts, vouchers, contracts or 
settlements, or that the settlements have not been made as 
required by law, or that there appears any defalcation or em- 
bezzlement on the part of any of the officers of such school 
district, he shall give said report specially in charge td the 
grand jury at the term of the court of common pleas next 
after the filing of said report ; and it shall be the duty of the 
prosecuting attorney of such county to forthwith institute 
and carry forward such proceedings, civil or criminal, or both, 
against the delinquent officer or ofiicers of such district as is 
authorized by law. 

Sec. 4. This act shall take effect and be in force from and 
after its passage. 

GEO. L. CONVERSE, 
Speaker of the House of Be-presentati'oes. 
ALPHONSO HART, 

President of the Senate. 

Passed March 23, 1875. 



Election of 
members of 
board of educa- 
tion in certaLnj 
wards. 



AN ACT 

Supplementary to an act entitled " An act for the reor- 
ganization and naaintenance of Common Schools," 
passed Ma> 1, 1873. (0. L., Vol. 70, pp. 195-240.) 

Section 1. Be it enacted by the General Assembly of the 
State of Ohio, That in every city district of the first class, in 
which the board of education consists of one member for each 
ward, in each ward designated by an odd member [number], 
where the regular term of office of any member of the board 
of education expires during the month of April in tl^§ year 



53 



1874 or 1876, there shall be elected by the qualified electors 
thereof, at the annual election of city officers for that year, 
one member of such board for such ward, who shall hold his 
office for the term of one year and until his successor shall 
have been elected and qualified under the act to which this 
act is supplementary. 

Sec. 2. In every such city district designated by an even 
number, when the regular term of ofi&ce of any member of 
the board of education thereof expires during the month of 
April in the year 1875, there shall be elected by the qualified 
electors thereof, at the annual election of city officers for the 
year 1875, one member of such board for such ward, who 
shall hold his office for the term of one year and until his 
successor shall have been elected and qualified under the 
provisions of the act to which this act is supplementary. 

Sec. 3. In a city district of the first or second class, a 
village district or a special district, organized prior to May 
1, 1875, under a general or special act that would have au- 
thorized or required an election of a member or members of 
a board of education to be held between the time of the tak- 
ing effect of said act of May 1, 1873, and- the first Monday 
of April, in the year 1874, if a city district of the first or sec- 
pnd class, or a village district, and the second Monday in 
April, 1874, if a special district, each member of the board 
of education shall be continued in office until the third Mon- 
day in April succeeding the day on which his term of office 
would expire according to the provisions of the act under 
which such district was organized as aforesaid, and until his 
successor shall be elected and qualified. 

Sec. 4. In a district having a population of less than 
twenty-five hundred, organized prior to the passage of said 
act of May 1, 1873, under an act authorizing the appointment 
of a board of examiners for such district, the certificates 
granted to teachers by such board of examiners subsequent 
to the passage of the act above entitled and prior to the 
passage of this act, shall be valid during the school year end- 
ing August 31, 1874: provided, that certificates granted to 
teachers by the board of examiners of the county in which 
such distric!--is situated shall also be valid in such district. 

Sec. 5. If any incorpoiated village has been or hereafter 
shall be created, as contemplated in the act to which this act 
is supplementary, the same may be organized as a village 
district in the following manner, to wit : Written or printed 
notices, signed by not less than five electors residing within 
the limits of said village, shall be posted in at least five of 
the most public places within said village, requesting the 
electors of such village to meet for the purpose of electing a 
board of education for sucn proposed village district, on a 
day and at an hour and place designated in said notices, 
which notices shall be posted at least ten days prior to the 
day designated in them for such meeting. The electors so 
assembled at the time and place designated in said notices, 
shall appoint a chairman and two clerks, who shall be judges 
of said election, and shall then choose by ballot six compe- 
tent and judicious persons to serve as members of the board 



Tho samo. 



Continuance 
in office of mem- 
bers in certain 
cases. 



Validity of 
teachers' cer- 
tificates in cer- 
tain cases. 



Organization 
of new village 
districts. 



54 



Organization 
of i)oard 
therein. 



of edacation of such proposed village district — two to serve 
for one year, two to serve for tNm years, and two to serve for 
three years from the annual scliool election next preceding 
the organization of such village district, and until their suc- 
cessors shall have been elected and qualified : Provided, that 
in case such election shall be held on the day of the annual 
election of school officers, the persons so elected shall hold 
their offices for the period of one, two and three years from 
that'^date,j,respectively, and, until their successors shall have 
been elected and qualified according to the provisions of sec- 
tion 18 of the act to which this is supplmentary. 

Sec. 6. The board of edacation so elected shall organize 
as is provided in section 44 of the act to which this act is 
supplementary. In case the election shall be held on the 
day of the annual election in village districts, the board shall 
organize on the third Monday in April succeeding such elec- 
tion 5 but if such election shall be held at any other time, 
the board shall organize on the Monday next succeeding such 
election. 

f^ Sec. 7. This act shall take effect and be in force from and 
after its passage. 

GEO. L. C0NVES8E, 
Speaker of the House of Representatives. 
ALPHOl^SO HAET, 

President of the Senate. 

Passed March 30, 1874. 



AJSl ACT 



To authorize Boards of Education of incorporated villages 
and special school districts in the State of Ohio, to de- 
termine on places to pay interest and principal on bonds 
which they are authorized to issue and sell. 



Relativ* to 
place of pay- 
ment oi bonds 
for school l)uiM- 
inga. 



Section 1. Be it enacted hy the General Assembly of the 
State of Ohio, That in all cases when boards of education of 
incorporated villages and special, school districts within this 
state, are authorized to issue and sell bonds, to enable them 
to construct school buildings, the said boards shall be author- 
ized to decide upon places of payment of the principal and 
interest of such bonds; and when so doing, the said boards 
shall make a minute of the same on their journal. 

Sec. 2. This act shall be in force from and after its pas- 
sage. 

GEO. L. CONYEESB, 
Speaker of the House of Representatives. 
ALPHONSO HAET, 
r^ ""^'^ President of the Senate, 

g^Passed February 3, 1875. 



55 



[Section thirty-one of " An act to provide for the reorgani- 
zation, snpervision and niaiotenance of common schools," 
passed March 14, 1853, and amended March 14, 1864, not 
having been repealed by the act of May 1, 1873, its provisions 
remain ia force.] 

Section 31. The township boards of education in this state, 
in their respective townships, and the several other boards of 
education, and the trustees, visitors and directors of schools, 
or other officers having an hority in the premises, of each city 
or incorporated village sh dl be and they are hereby authori- 
zed and required to establish within their respective jurisdic- 
tions, one or more separate schools for colored children, when 
the whole number, by enumeration, exceeds twenty, and when, 
such schools will afford them, as far as practicable, the ad- 
vantages and privileges of a common school education ; and 
all such schools so established for colored children, shall be 
under the control and management of the board of education, 
or other school officers who have in charge the educational 
interests of the other schools ; and such schools for colorfed 
children shall be continued in operation each year until the 
full share of all the school funds of the township or district 
belonging to said colored children, on the basis of enumera- 
tion, shall have been expended ; provided^ that when the 
number of colored children residing in adjoining townships 
or districts, whether in the same or in different counties, 
shall exceed twenty, the boards of education of said town- 
ships or districts so situated, may form a joint district for the 
education of colored children, and said school shall be under 
the control and direction of the board of education of the 
township or district in which the school house is situated. 
When the whole number of colored children enumerated is 
less than twenty, or when owing to the great distance they 
reside from each other a separate school for colored children 
is impracticable, the board of education shall set apart the 
full share of school funds raised on the number of said colored 
children, and the money so set apart shall be appropriated 
each year for the education of such colored children, under 
the direction of the board. 



Separate 
schools when 
the numbet 
enumerated ex- 
ceeds twentj. 



Joint distriot 
for colored 
youth. 



Colored chil- 
dren entitled 
eafih year to 
thtsir full share 
ot all school 
funds. 



LIBRARY OF CONGRESS 



020 312 241 fl i 



